The semi-weekly messenger., 1904-04-12
OUR JURY SYSTEM.


cussion in the press Of late on the
question of trial by jury. Some papers
have taken strong grounds against the
system, while others have upheld the
system, at the same time admitting
that it is greatly abused under present
practice.
There is no doubt that there should
be some radical changes in the system,
especially I'm the mode of selecting
Jurors in capital and other important
criminal cases. There is also room for
Improvement in the selection of Jurors
in civil cases. Under the present law
of challenges in the qualification o.
Jurors there is opportunity for attor-
neys to secure the most ignorant class
of men. In fact men Of education and
general reading are almost entirely
excluded from jury service I'm capital
cases. The class Of men who read
newspapers and who have intelligence
and education enough to think for
themselves and to form their own opin-
ions from a statement of facts present.
ed to them are barred from jury ser
vice and preference is given to that
class who never read papers and who
are ignorant OF current events except
as they get news of them from their
companions. with the colorings given
them in the transmission through the
channels of untutored and uncultivated
minds. It is strange the the one class.
~
eliminating between conflicting state
ments should be barred. wfrile the
other. which is, because Of its ignor-
ance and lack Of mental training,
more carried away by temporary emo
ton. should be preferred as arbitors in
cases where the stake is a mans life
or where thousands of dollars are con-
cerned. One of the most important
civil cases ever tried in this state was
decided by jury on which there were
only one or two men who could read
or write their names. Still because
the case was one of considerable local
notoriety no men of education could be
found who had not expressed an opinion
one way or another. Thusands of dol
lars were involved. yet twelve OF the
most ignorant men in the county were
empaneled to try the case. They were
chosen because they had not intellf-
gence enough to discuss the matter be-
fore hand or to form an opinion of their
own on the matter until they were
called into the jury box. Such men are
not qualified jurors. still under our jury
system they are the most competent
jurors.
The system as to qualifications Of
jurors should be completely revised. In
the selecting of men to try capital cases
and civil cases involving large amounts
and where intricate questions are
raised men should be chosen who are
in the habit of reading and who had
read of and discussed with others the
very case which they are called to
pass upon as jurorS-men who are in
the habit of arguing matters and look
ing upon both sides of case without
the aid of opposing counsel in case.
Such reading and arguing makes men
broad minded and liberal in their views
They are open to conviction by evidence
and discussion. The other class-men
who generally compose the Jurors un-
der our present system-are not Of
broad mind or argumentative in their
disposition. They are creatures OF
| emotion. carried away by the eloquence
1 of attorneys whether there is any
| merit in the speeches or not. With them
| the man who has the last speech gener-
| ally wins. They are generally men of
| one idea and when they once form an
| opinion they cannot be induced to
| change their minds no matter what con-
4 vincing evidence is laid before them.
The jury system is we'll enough, but
/ the fault is in the manner of selecting
| the jurors. There is where the trouble
| lies. Change the causes of challenge
| and the system will show up in all its
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