The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-09
THE JURY SYSTEM.

there is cry made against the jury sys-
tenn. This is not the proper complaint to
be made. There can be devised no tri-
bunal so good as trial by jury of
sne's peers. Trial by jury is not a fail
ure but the failure to carry out the sys-
| tenn as provided is the fruitful cause of
wrong verdicts. We hear too much of
hiring a lawyer because he ''knows how
to pick jury" with wink of the eye:
An honest lawyers knowledge of the peo-
pie of county is of value in selecting a
jury and can be properly employed, but
when the picking" becomes packing"
it is unprofes sional, and lawyers who are
guilty of it need to be unfrocked.
The Superior Court Judges are paying
more and more attention to the juries-to
Nothing is more important. If juries are
selected because of their previous known
opinion, because of favoritism, prejudice
or obligation to litigants, then the stream
of justice is polluted. In his charge to
the grand jury at Durham this week.
Judge o. H. Allen spoke words of wis
dom We quote:
"Originally there was but one jury, but
it has been deemed wise to divide it into
an accusing body and trial body. There
has been so much criticism of late upon
jurieS and their verdlcts that no better
service can be done it by one than to
dwell for a short time upon the subject
of trial by jury.
1t has been said, and truly said, that
trial by jury was the very foundation of
our free constitution, and that if once de-
stroyed our whole Constitution will crum-
bic to dust" The reason of this is that
ours being a government by the people,
and the jury, branch of the Judicial
Department, being the only tribunal
in the administration of the government
in which the people directly represent
themselves, if this is failure then govern
ment by the people is a failure.
There are elements In our midst that
would gladly demonstrate this fact and
take this great right from the people and
transfer to one man, and then, if posi-
BILE, control the one man. A reflection
upon the jury system is reflection upon
the people.
The people should be jealous of this right
and never surrender it. The criticisms
should awaken interest, but not cause
Encouragement. They are sometimes
proper but are often unjust. Juries make
mistakes. Nothing is perfect in this
world, but when twelve fair minded men,
selected from the body of the people,
tydaer due deliberation, pass upon an
issue of facts, and reach a consensus of
opinion, it is more often correct than any
other known device of man. The mis-
takes of juries are sometimes due to the
mistakes of the court, and often what
seems at first to be a mistake turns out
to be right instead.
However, it is important to guard
this sacred institution from every possible
abuse The Legislature is largely respon-
sible for any defects in the jury system,
but the grand jury can do something In
the way Of protecting it.
Every wiful or negligent failure to per-
form a duty required Of a public officer
is criminal offense. The board of coun-
ty commissioners are required to revise
the jury list each year and every tax
payers name Inspected and only those
who have paid their taxes and are of
good moral character, and of sufficient in
telligence should be kept upon the list
and In the box, and every mans name
who comes up to this test should be al
lowed to remain there.
There should be no picking, except to
apply this test and it should be done
publicly, and after this list is made out
it should be kept as carefully as the
names in the locked box, except that any
citizen has the right to examine it to
see if his name is on or off, and the grand
jury have the right to examine it to see
if the commissioners have discharged their
duty, and any other interference with it
should be regarded with suspicion and
not allowed.
There are some changes that ought to
be made as to the manner of selecting a
trial jury, but that is a matter for the
LEGISLATURE and not the judicial depart
ment."
The method of drawing juries needs
regulation. When the Fusionists were
in power in some counties it was noto-
rious that the jury boxes were packed
with the names of partisans. In sore
u unllcS uOW II 10 diItScu ludb PAL lisa
considerations prevail in selecting juries.
If true the commissioners should be IN
dicted and driven from office. In some
counties there is a tendency to put every
body III the jury box, not giving due re-
gard to fitness. In other counties the
number is so small as to enable lawyers
to be able to Sound every mans name
in the box IN cases of great Importance.
That is fruitful source of miscarriage
oe justice in important cases. Perhaps
the greatest evil is that juries are not
regularly drawn as prescribed by law.
There is need of a revision of the law.
Should the jury list be made public? That
is a question that should be discussed by
the wisest men. 1t would be well il
Judge Allen and other judges and coun-
ty officials, who have the best oppor-
tunity to know the need of changes,
would study the system and before the
Legislature meets give the public and the
1oc;eI,torc a1oot tho hopofi+ of their SIG