The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-04-05
BRYAN SERVES AS A JUROR
In Relating His Experience lie Declares it Has Deep
ened His Confidence in the
Jury System.
Jury System.

the defendant was acting. as he believed,
in the interest Of his sister, the judgment
should carry as little cost as possible
The jury returned a verdict for plaintiff
and fixed the damages at $12 but as the
parties and nearly all the Witnesses
were related either by blood or marriage.
the foreman at the request Of the jury,
submitted two recommendations and ask
ed that il possible they be made
part of the judgment of the court The
recommendations were, first that as the
plaintiff, If entitled to recover, would
owe onehalf the value of the hay to
the owner of the land, the sister of the
defendant, the defendant be permitted
to satisfy one-half Of the Judgment with
a receipt from his sister for her share
of the hay; and, second, that each party
pay the fees of the witnesses called by
him. While the judgment was not made
contingent upon the acceptance of these
conditions, the plaintiffs attorney sig
nified his Willingness to have them made
a part of the judgment. And thus my
service as a juror came to an end
Having had some experience in trying
to convince others, it was a refreshing
change to sit in the jury box and listen
TO the arguments of the attorneys. Hav-
ing heard the evidence and having meas
ured it, as one must as the case proceeds
it was instructive to note the manner in
which each attorney made clear and en-
phatic the points that strengthened his
clients case. / have so often taxed
the patience of hearers that l could not
well ask that a limit be placed upon
those who talked to us. In the jury
room the merits of the lawyers were at
times discussed. In one case two promi-
nent young lawyers were opposed to each
other, and each had made a gallant fight
for his client. One juror, speaking of
the lawyer for the plaintiff said that
he was especially eloquent and con
vincing. But" replied another juror,
who couldn't make good speech on
that side? The facts were on his side
and that made his speech necessarily
convincing; but look at the defendant
attorney-see how skillfully he present
ed a bad side" It reminded me of the
conversation between two men as to
which was entitled to the more credit.
the sun or the moon. The advocate of
the sun thought he had his case won
when the moons defender overwhelmed
his antagonist with the assertion that
the sun only gave his light by day when
it was not necessary, while the moon
gave her light by night when the light
was badly needed.
a fact clearly brought out by jury SER
vice was that the opinion of the judge
had great weight with the juror even
aside from the instructions given. The
manner in which he admitted of excluded
testimony and any suggestions which he
made that bore even remotely upon the
merits of the case had it's influence. This
was complimentary to the judge before
whom the case was tried because it
showed the confidence the jurors had in
his integrity.
Five days Of jury service before the
court and in the jury room deepened, if
possible, my confidence in the jury sys-
TEN. 1t is not only good for what it does,
but also for what it prevents. Our
judges are better because either party
can summon jury in case at law If
all cases were necessarily tried before a
jury the great corporate interests which
have grown up in the country would be
even more tempted than now to use their
influence IN the selection OF Judges
friendly to them before nomination, or
who could be obligated to them during
the campaign. There is much more lati-
tude in the decision of a question of fact
than in a decision which rests upon a
question of law, and the judges them
selves may feel grateful that the jury
not only relieves them of much labor, but
also shields them from pressure that
might be difficult to bear
The judge before whom the hay case
was tried, in dismissing the jury for the
term, took occasion, not only to COM
mend the jurors for the manner in which
they had discharged their duty, but to
testify to his increasing love for the jury
system as a part of the court of justice.