The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1902-01-17

Ill MISSOURI leu Gneln nave IL. &ity$Slsas
The old complaint that the jury
disagreed because there were eleven
| obstinate men on it who would no1
listen too reason, will disappear \
Justice Brewer of the United. States
supreme court is able to influence
Legislation in this country on
important subject Of jury ,reform.
In an article in the current issue ol
the international Monthly, be- an.
tends the good old institution of trial
by jury, but points out that to- r
move the objection to it which have
of late been growing more insistent
it should be subjected to modfcas
ton. }1 @s35Ss
The most important modifcaton
for.which:. Justice. Brewer argues ;i1
the doing away with unanimity.
We're this abandonded, he believes,
and the verdict determined by:ssthe
conclusions Of two thirds OF three
fourths, less time would be wasted
in impaneling jury: a better class
of jurors would ordinarily be elect
ed, and the truth would be more
certainly" determined. Under It'd
present lule ''the struggle of thd
counsel is to secure on the jury one
or more who are friendly. to- their
client, or in sympathy with the
cause of interest with which he is
identified, or who may he easily in
fuenced. by appeals to prejudice OF
sympathy. The intelligent business
man, the mechanic and the farmer
too quickly responded to the voice
Of the''judge demanding justice, and
hence, if possible, they must be ex-
Guided and the ignorant, easily
moved by appeals, Of counsel Sc
cured. 49, With. the verdict depend
ent. upon a majority vote, all this
would be schanged. -. The Justice
pertinently asks why it should be
deemed essential to require in the
jury,of.'a unanimity Of opinion which
is not demanded in legislative hall,
among Judges, or in arbitration
proceedings, and as rarely heard of
in,regardss to.'any other body called
upon to make a determination. --.
He thinks also that the size. of, the
jury,might profitab belly be reduced
| perhaps to eight men instead of
twetve-in order to save. expense.
This would enable jurors pay to be
raised, which would tend to prevent
the Sinking Of service by men who
cannot afford thesspecuniary sacrifice
now involved. s-
The Justice. observes that the re-
duction Of the size Of juries and the
abolition of the ananimity rule
would require constitutional amend
ment, but notes that the-- validity OF
Utah g constitutional provision for
juries Of eight has been sustained by
the supreme court of United States.
:, Like: the. : generality of practical
men, Justice Brewer sees no reason
Why. the fact that: a Juror has read
., newspaper account Of the trans
acton involved and formed a passing
opinion thereon should bar jurors for
this reason is to exclude intelligent
men from jury service
Finally, the Justice suggests that
jury service should be freed from
unnecessary disagreeable annoy
ances like the sparctice of shutting
up jurors day and night, He thinks
that the juror should not~be COM
PEELED to work more hours than the
Judge, and he asks why the Juror
should he shut up, while the judge
is not. j. %s,[l Y
Public opinion, has long been
c1ystalhzing in. favor OF the md,ler-
nization Of the jury system, and the
cOncI71siOns of :J7stice brewer a,o