The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-08-19
RESPONSIBILITY OF THE JURY.
On Integrity Of This Body Depends
Continuance of Our Institutions.
Now Yrok EVening Post.


New Yrok Evening Post.
At the Confederate reunion recently held
at Brownsville, Tenn, a federal judge.
E. s. Hammond, spoke of "Cowardice in
the Jury-box'' as prime cause of the
| trouble now affecting the Nation. He re-
minded his old comrades in arms that the
police power and the judiciary were power
| less to deal with lynching mobs so long
| as juries would not convict upon evidence.
| This Nation was organized upon the ex-
| pectation that the people would be respon-
| sible for its own orderliness. 1t was in this
| confidence that the trainers of the Consti-
| tuition left the Nation without the usual
| police powers And for the same reason
| the States, In which police power constitu-
| tionally resides, have practically placed it
| in the feeble hands of the towns and viii
lagos, with the result that the general
peace is not safeguarded by a constabulary
such as patrols the roads OF Europe, but
| depends upon the good will of the commune
| ty in resisting mob mania. and upon the
sternness of the community, expressing
itself from the .jury-box, in avenging under
| the law all crimes against it's own peace.
When that zeal of the law is absent an
archy ensues
Judge Hammond did not finch from
pointing out this alternatives. If iuries
Shall fail to rise above fractional passions
and treat the mad deeds of the mob as
infexibly as they decide the matter of
| will surely be taken away. For mob
| violence is intolerable in a civilized ma
/ ton, and the community that pallates it
| only courts a more drastic use of the police
| power by the State. The carbines of a
| State police cannot replace the civic cour-
age of sheriffs aud jurymen, but they can
| at least subdue by fear a community too
| demoralized TO redeem itself by virtue.
| And there is a further danger. namely,
| that entire States may show themselves
| maniacal puSilanimous where the evil
passions of the multitude are engaged. In
| such case the Nation would not long con-
sent to be bound by the constitutional limi-
| tation of the police power the bayonets of
! the regulars would enforce quiet where the
| State had failed and the volleying of their
rifles would signalize the downfall of a
form of government too liberal for the I'M
worthy citizens who enjoyed its privileges
Such, in effect. were the words that Judge
Hammond spoke to his old Confederate
comrades They are the words, not of an
a.armist. but of one who has analysed the
| situation judicially and foresees like a
| true patriot peril which the people must
rouse themselves to avert.
The appreciation with which his words
were received must be taken as the sign
| that he required of jurors impossible
wisdom ana forttude. When twelve men
are called together to pass upon the deeds
Of a man who has ensaved or cruelty
| slain the members of a despised race, they
are longer merely twelve individuals
of the careless multitude that minimizes
| the wrong. Sworn to find upon the evil
| dence. they speak the considerable voice of
| consent to be judged. This conviction it
was that gave the poignancy to Judge
Jones's cry when jury refused to convict
| on overwhelming evidence In a peonage
case. He told the divided jurors that it
would be said that negro could not
obtain justice in the State of Alabama.
| The corollary of this appeal Judge Ham
mond furnishes. 1t is that the community
| which will not render justice to the mean
| est of its citizens. cannot long retain the
| right of self-government.
The matter affects all parts of the coun-
f! try alike. The State of Indiana has brought
| some of the Evansville rioters before the
| courts; if the jury wriggles out of it's
| responsibility of treating as public enemies
| those who defy the law how will the con-
dition of Indiana be better than that of
Delaware or Alabama? Cowardice in the
jury-box car bring to naught the heroism
| of a Sheriff Whitiock. the patriotism of
| a Governor Durbin and the energy OF all
prosecuting authorities. How, then, shall
| we find jurors who will rise above senti-
| mentalism and passion into an inexorable
vision of the facts and an unfaltering per-
| Torrance of their sworn duty?
Clearly much may be done when our
| best citizens realize that to sit I'm the jury
| box is to occupy the. firing-line against
| sought. not avoided. Judges may do much
| to instil this sentiment by refusing to ac-
| cept frivolous excuses, or to entertain the
| unnecessary objections of counsel But even
| more they may give heart to their juries
| by setting forth the momentousness of their
| responsibility and by representing an in
| exorable front to their vacillations. In this
! respect Lord Russell of Killowen's conduct
of the Jameson case was a model for all
| our judges. About the criminal adventure
| of DIR. Jim all the passions and pretu-
dices of London gathered i'm hysterical
| admiration. The cutlery was for the weak
| and lenient policy. The jury hated to con-
vict 1t was precisely the situation that
exists in the South when a white man is
| tried for peonage. or anywhere in the coun-
try when an amateur of that popular sport
called lynching is arraigned. Under these
| circumstances the Lord Chief Justice
| thought it fitting to emphasize the gravity
of the charge. He said in addressing the
jury:
I'm most criminal charges the conse-
| quences following upon the commission of
| the offense or crime charged terminate
upon the completion of the acts which
! constitute the offense. Unhappily. how
ever, in this case that is not so. and the
offense charged may possibly entail conse-
! auence the end of which no one can fore
| see
| Certainly these words sre applicable to
| every offense against public order and
should be pronounced In every such case
1t will be recalled, as well. that when
| the Jameson jury found on all the facts
| charged but refused verdict and at
| tempted TO enter a rider recognizing great
provocatidn' for the raid. Lord Russell
| sternly refused TO entertain their remarks,
| declared that their finding was equivalent
| to verdict of guilty. and bade them report
l accordingly 1T was an extraordinary m
| stance of wavering jury called back to
| its duty by an nfiexible judge; the just YER
| diet of guilty was reached without leaving
/ the courtroom Much of the reform which
| Judge Hammond rightly regards Deces-
| sary TO the existence of the State may
| be brought about by wise and fearless
| Judges. The rest must be intrusted to
/, public sentiment that will treat cowardly
l.jurors with contumely- We glad TO
| observe that the Southern press. in COM
| menting on Judge Hammond's appeal
| shows disposition to help create that
| sentiment.
1t Ii silly.