New-York tribune., 1903-01-15
JURY TRIAL ~ PORTO RICO

The annual report of Attorney General Harlan
! of Porto Rico contains an account of the work
! ings Of jury trial in the island 1t shows the
wisdom of the policy which treated the new
possessions. with their inheritance of Spanish
! law and custom as separate estates, not to be
| governed under our constitution, based upon
Anglo-Sa2on jurisprudence and containing pro-
visions not necessarily adapted to the habits of
other peoples. In providing separate revenue
system for Porto Rico. in spite Of the Mysteries Of
! those who could not see liberty under American
rule unless it was the liberty of a territory on
the road TO Statehood, Congress conferred a
great practical blessing, which lies at the foun-
dation of the comfort and growing prosperity of
the Inhabitants. Likewise, in leaving the door
open for future adjustment of the system of
jurisprudence to local needs q serious danger
of disorder is avoided.
Mr.. Harlan reports that up to November g
1901, though the jury law had been in force for
nearly seven months. there had been no jury
trials in any Of the trial courts and only ten
persons under Indictment in the whole island
had demanded such trials In the wear ended
September 80, 1902. the district courts OF the ISL
and disposed OF 3,1S3 criminal matters. in a
large number of which the defendants had
right 10 demand a jury trial, but only seventeen
jury trials were held In the district of Areciho
there were no jury trials, and in San Juan there
was only one. Eight were held in Mayaguez,
resulting in four convictions and four acquittals
In Ponce there were four jury trials and two
convictions, one for homicide. At Humacao
there was only one conviction TO four trials The
Attorney General shows that, after q year Of
such neglect of the privileges of the jury law
there has been sudden disposition TO appeal to
it, and at Mayaguez, in the month of Octo-
/ Iao7. VII nhrlT
times as many as in the whole previous year
OF these only eleven resulted in conviction, and
Of the total number of forty seven jury trials in
the island since the law went into effect only
eighteen verdicts of guilty have been found
This percentage of acquittals is so large as TO
suggest to Mr.. Harlan explanation of the
sudden popularity of jury trials. Apparently
offenders have discovered that they can trade
on the good nature of their neighbors.
The Attorney General thinks there is no cause
for present apprehension, for the number of jury
trials is small in proportion TO the total number
of criminal prosecutions. If however, the Porto
Rican criminals in large numbers should sue
ceed in finding in jury trial an avenue of escape
from merited punishment it might be necessary
TO modify the law Happily, tnis can be done,
for the island is not hampered by the constitu-
ton, which has prevented attempts here nota-
bly, in Utah, when it was a Territory, to i'm
prove the system and make less frequent the
patent miscarriage Of justice. Liberty" as
Burke said. "inheres i'll some sensible object;
''and every nation has formed TO itself some IA
.vorite point, which, by way of eminence be-
comes the criterion of their happiness"
Next TO the popular power of the press, the
jury trial has been the symbol OF liberty among
Anglo-Saxons and guarded as such. But it has
not been among other people with as great
passion for freedom as our own Equality has
been the watchword Of some. religious freedom
of others. Jury trial means nothing as princi-
pie TO the Porto Ricaps. 1t is the symbol of no
rights 10 be protected. II is merely method of
procedure.
Before the Spanish war was dreamed of the
Supreme Court declared that in the future