Omaha daily bee., 1902-07-01
TREATMENT OF JURORS.
Novel Suit for Damages Instituted In
New York City.

novel suit Tot manages AnetituteO IN
New York City.
New York Commercial Advertiser.
The case Of Mr.. Mannheim Brown, one OF
the Jurors in the Molineux trial two years
ago, will deservedly receive a very large
share Of public sympathy. Mr.. Brown is
suing the city for the sum Of soc, 900 be-
cause OF the injury which he is alleged to
have sustained during the progress OF that
famous trial. He asserts that his health
has been permanently shattered by reason
OF gross neglect on the part OF the court
officials to provide him with reasonable
co~nveniences and proper care while he was
serving as a juror, and that, although his
physician certified to his condition, he was
compelled to walk in the pouring rain and
to suffer other exposures, as the result Of
which he is now permanently united for
engaging in business OF any other occupa-
ton. He therefore demands such pecuniary
compensation from the city as shall in
demnify him for the injury said to have
been done him by the negligence Of the
officials who were in charge OF the jury Of
which Mr.. Brown was a member.
Against this claim 1t is argued that Mr..
Browns jury service was a public duty, TO
which he, in common with all other citizens,
was liable; that the state cannot be sued
for damages because of injuries received
while in its service. and that II such suits
vera possible there would be endless litiGe'
tion upon all sorts Of pretexts. so that
the whole jury system would fall into dis
repute.
No doubt, from a strictly legal point Of
view, this argument Is a very strong one.
and yet It does not wholly satisfy the die
.Ates Of common sense. nor indeed tho
tim~e-honored legal maxim that for every
wrong there exists a remedy. 1t is true
that every citizen is bound to serve the
state in the capacity of a Juror when
legally impanelled, but, on the other hand.
there are some very special reasons why
this service should not entail more physical
and mental discomfort than is absolutely
Unavoidable from the nature OF the service
itself. The orderly and e~fhcient admins
tration Of Justice is promoted by the CO.
operation of responsible and intelligent
men in the jury box, and how can RESPONSE
BILE and intelligent men be otherwise than
anxious to evade their duty when they
know that they are likely TO be treated al
most as though they were criminals, to
have the most necessary eonvenienees de-
MED hem, and to be subjected to such ex-
posture as may shatter their health and
permanently incapacitate them for work?
II is hard enough to have ones business
interrupted for weeks and possibly months,
to cit day after day in a stihing court room
and to be practically q prisoner at all
other times, yet these things are inevitable.
What is not inevitable or in any way ex-
cusable is the neglect OF sanitary condi-
lions or brutal indifference to physical suf-
fering. Take a case such as the Moiineux
trial, where the ordeal was one which
lasted nine long weeks and where a human
life was at stake-how can a Juror who is
suffering from Illness. intensified by III
treatment, be expected to follow with a
clear mind the progress of the evidence and
to give q verdict intelligently N without
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