The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-04
JURY SYSTEM-ITS
ADMINISTRATION
By Clement Manly Before
Bar Association.
The CONDITION is WRONG
The System Warmly Defended, but il is Badly
Administered---The Citizans
Evade Their Clear
D,,tv
THE CONDITION is WRONG

/ The following are some extracts from
the able address on THE Jury System
Its Administration" delivered by Hon.
Clement Manly. Of Winston, before the
Bar Association, at Morehead City:
ANY serious attack on the jury sys-
/ tenn has come to an end, as end all
false attacks; attacks against SYSTEM
the sole support of which consists in the
unpopular and unjust administration of
the system folly, my brethren, SO
often INDUCED in by others than our
/ selves; wherein a principle is sought to
be overthrow for acts committed in per-
version OF its truths, creeds denied for
errors of its believers, and religion scoffed
when hypocrisy assumed its teachings
In almost all enlightened jurisdictions Of
today, the ultimate determination of the
suit is the result of two distinct intelli-
gences known as tryers of law, and try
ers Of fact. The wisdom of this two
| fold disposition of legal responsibility is
manifest; it is a division well marked and
jealously guarded by lovers of Consttu-
tional Liberty. BY common consent, try
ers OF the law have ever been selected
] from those following the profession of
the law, whose lives have been devoted
to ITS study.
In the trial of fact, no such easy and
uniform. method has prevailed Many
various tribunals have been instituted
and many different forms of courts de-
vised, to whom could be entrusted this
most important branch of Jurisprudence
Our Eng disappearing race, since It's as
sumption OF place among the people of
the earth, has required that a number
of men selected from the people, of equal
| ity OF citizenship with the litigants, should
determine the facts controverted between
them; a practice winnowed down to what
is known as Trial by Jury. | know it
will not appear stale to speak in com
mendation of this tribunal, devised by
the prudence and skill of ages, or to
pause in contemplation of a system formed
for the determination of individual rights;
which our older brethren, rich in the
treasures of experience, regard with proud
recollection of their triumphs in the right
ful cause, and in generous reflection on
their defeat for Justices sake. Yet, the
administration of this system In North
Carolina today is as bad as it well could
be. With the growth of business and
wealth, there il now brought into the
and variety; the skein of complicated
contracts must be unravelled, and the
novel theories of tort must find remedy.
Greater intelligence and stronger character
is thus required of our juries; but we do
not find it. Complicated litigation re-
quires that juries should be of men who
understand such affairs, and certainty
demands that jury should be composed
tof pIfg af II nf FOL IL
gcnce. Instead, the reverse is true. The
juries of our several counties are not
men of the average intelligence Of those
several counties This is grave charge.
but so true and well-known it excites no
special wonder. Here is done a wrong to
the State.
! 1T was maxim of the Common Law
| that no man should be hurt in his person
or property, unless through the judgment
of his equals parium suorum or by the
/ law of the land. Such should be the law
IN North Carolina But how brought
| about? Brethren, | contend that such
condition can obtain only when there
prevails the rule that, subject to the
ordinary qualifications of sufficient moral
character and intelligence every man in
| the county should serve on the jury as
he may be called To this requirement
there should be no exception, save the
officers of the court required in its service
and its practical administration would
result in just verdicts and even-handed
| Justice now, its constant violation, w.eth-
er through statutes of exemption, or BY
perversion of those statutes, to selfish
ends, results in the harsh criticism OF the
courts and often in the miscarriage OF
| justice.
I'm North Carolina our Constitutional