The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1902-07-09
A RELIC OF ANTIQUITY


suggest that on the average as good re-
suits would be obtained by drawing lots
as by submitting cases to the Judgment
of twelve men. In theory, jury. Is sup
posed to listen to evidence, to consider
it's credibility, to weigh one piece Of tes-
timony against the other and come to a
conclusion calmly, coolly and without
passion, after the fashion Of scales.
L The fact and the practice are that
juries deal with much outside the realm
Of testified fact. They are moved by con-
siderations of the social and political po-
sition of the accused, they. are swerved
by sympathy for him. sympathy for his
family, by reluctance to- take a step that
will commit to prison person who has
hitherto enjoyed a good reputation-nc
matter how plainly the evidence may in
dictate that he has be1ied his reputation
and fallen from grace.
We have had recent convincing evidence
that the system Of trial by jury is not
what 1t Is supposed to be-. 1t has come
down to us from other times, when 1t was
the bulwark of the lives and liberties Of
the subjects of a monarchieal govern
ment. We have honered 1t for. what il
once was and have continued it in power
because it was once indispensable.
But with the judiciary generally cleo
tive and always subject to impeachment;
with no political authority anywhere In
our system that does not proceed from
the people, there is little danger that any
government will use it's temporary pow
ers, or any judge forget the dignity Of his
Office, to condemn innocent men.
A judge is man trained from boyhood
sion of, the law he was taught to weigh
evidence, to preserve cool mind, to in
vestigate carefully, long before he ever
came to the bench. If he hasn't the Jul.
dcial temperament he is not likely long
to remain on the bench If he has 1T he
becomes a better Judge the longer he re-
remains there-especially while the neces-
sity of going before the people at recur-
ring elections keeps him, in touch with
them and reminds him that he is one Of
the people.
Most innocent men accused of crime
and most civil litigants assured of the
Righteousness of their contentious would
| rather commit their liberty and theil
property into the keeping of Judge thar
those Of a jury. The guilty man, accused
Of a crime, or the litigant in the wrong
might prefer the jury, because they ex.
pect something more than justice. With
| a jury there is a chance, and often 6
| large chance that the evidence will not
be correctly weighed and that matters
that are not evidence and do not appear
| in the court record will influence, theft
decisions. The pathos of the advocate,s
voice, the tears in his. eyes, his touching
eloquence may impress the jury far more
than the indisputable facts. These ap,
| peals to the emotions have little effec
on judges, who see behind them checks
| for professional services and the lawyers
duty to present his clients case as bes
he may: :5ss1z
Americans pride themselves on thei
progressiveness, on the freedom from en-
thralling effect OF devotion to ancestors
But what is it In the world, except al
unreasonable conviction. Inherited from
other times and other countries, tina
keeps us 30 firmly attached to the jur,
i system? Il: gszfss.t