The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-02-08


1idiculed the system or requirement. In
three States at least majority OF nine
may return a verdict in civil causes.
They are California Nevada and Texas.
| Connecticut allows a verdict by nine
Jurors in a civil case when it is agreed
before the trial that this number may
decide. The New York Evening Post
fought the idea of a change, but it was
forced to agree to eleven men deciding.
1t said:
1.-The great obstacle to unanimous ver-
diets arises not from the weak minded,
| but from eccentric, pig-headed jurors
who stand out" rather from obstnacy
than from conviction But to allow one
such to every jury would be liberal, and
to meet this contingency the law might
be changed so that verdict rendered by
eleven men should be legal"
1t was led to say farther:
'It is astonishing how many clever and
indeed weighty arguments can be made
against an institution so firmly estab-
lished in England and in America as
trial by jury. Of late these arguments
commonly take the form of proposals to
change the practice, so that majority
of the jurors. or some fixed number OF
them less than the whole, but more than
majority, shall be competent to return
verdict.
The same Kentucky writer quoted
above, gives this: "A celebrated Ken
lucky lawyer used to say, There is one
limit to the foreknowledge of God-Hc
cannot tell what will be the decision of
4 petty jury" Is there any wonder
whatever why decision by such
tribunal shall be a surprise or shock
to the understanding? How can such
juries as try cases sometimes nova
days, arrive at a satisfactory conclusion
or verdict? Says the Kentucky author:
The Juror may be called on to examine
the most complicated relations, to make
the incest distinctions which he is utter
ly unable to do. He is obliged to pitch
on something to which he is led by &C
cident or prejudice. He is thrown into
a bottomless and shoreless sea, and in
his drowning struggles seizes any dis
pensation of straw, and clings to it as
if it were q life-boat."
Lord Eldon tells funny things about
English juries. One is too good and IL
Illustrative to be omitted. Mr.. Justice
Gould had been trying a case for two
eleven jurymen; where is the twelfth 2
One of the eleven said-Please you, my
Lord he is gone away about some bust
ness, but he has left his verdict with
me-" 1t is thought that originally
juries were composed of more than
twelve, as in France now. where a ma
jority of eight in fifteen can render Il
verdict.
Sir Archibald Alison, in his interesting
History of Europe" at page 80, volume
', tells of the horrible injustices and
cruel outrages perpetrated by juries in
England. He says they committed the
most atrocious judicial iniquities" On
more extract: THE whole state trials
of England-the most appalling collec-
ton, as Hallam has observed, of judicial
iniquities which the history of the worlo
can exhibit-were convicted by means OF
juries." During the infamous Jeffreys
Bloody Assizes, as they are known in
English history, there were 800 persona
condemned to death and S41 condemned
to transportation, and all had 1.-The bene-
fit of trial by jury Juries have failed
thousands of times, while the Judges
have been often bulwarks against tryran-
ny and wrong doing. l can cite many
examples, for they are numerous. Can
not something be done to improve the
present jury systemic elevate it,
to strengthen it, make it more reliable,
more intelligent, moro just, firmer
bulwark against wrong doing and tyran-
ny and corruption?
/ would take an optimistic view of our
vast country. / cannot so forecast the
horoscope of our destiny as a people
to confidently prophesy as to the future.
How long this now great and united
country Will last, | do not pretend TO
know. 1t is beyond the ken of mortals.
The rapid growth of the views of expan-
sion and Imperialism and usurpation
and violation of the rights and scnti-
ments of the people and the sovereign
States, so alien to the past of American
history, and so violently antagonistic of
the views and principles and practice of
our wise and self-reIiant forefathers,
are appalling. They would seem to
point to great, radical and most danger
Gus departures and changes in the struc-
ture of our government in years perhaps
not remote which may finally sllbvcrt
a neutrality-suspicious. government, and
a
empire, and with it all that rule of su-
preme power means 1t will hardly
come, however, without a terrific strug-
gle. People who have been born and
nurtured as freemen, and have enjoyed
the great privileges and blessings of
Hberty-personal, political and religious
will hardly surrender all that is so
precious and of so long inheritance,
without appealing to the final and yet
primal arbitrament of arms. A free,
enlightened and great people will not
tamely surrender all that is great, grand
and glorious without an heroic and reso-
Lutte struggle.
But as yet | am not inclined to take
very dark and respondent view. The
"Nation'-thc old Union of States" is
gone glimmering-ma stand some
decades without violent CONFUSION. But
this will derend much on how the very
rich bear themselves. and how far the
gigantic, all-devouring, insatiate Trusts
shall 20 in their work of demolition, Of
absorption and oppression. A few re-
pctitions of the satanic combine of the
Coal Barons, and a few more visitations
of freezing winters with no coal supply,
and unnumbered deaths caused by it,
NAV DreciDitate a conflict of most direful