The independent. [volume] (Lincoln, Neb.) 1902-1907, 1905-11-16

dtLenIlOn 10 q mdILcr lQaL DelloVe re-
quires speedy attention to prevent
rising tide of criminality. / believe
the abolition of the grand jury, as
in my own state, is serious blow to
the administration or public justice.
In Nebraska it Is discretionary with
the judge to call grand jury, but it
is rarely done and the authority to
indict those who have violated the
law is vested in an officer called the
county attorney. 1t is to be regretted
that the county attorney frequently
consults his own political welfare
ather than the welfare of the COM
munity in discharging the functions
of his Office and that many persons
who violate the law are not brought
to justice. 7 believe in the grand
jury as 1t existed under the English
law, and it is serious blow to the
efficiency of the criminal law to
abolish, modify, or tamper with it.
Would Restrict Jury
But | want to speak more particu-
larly of the traverse or trial jury.
This law-auxiliary is more than six
centuries old. Speaking in the light
of more than third of a century of
experience at the bar and as one who
has had full measure of success in
the trial of jury cases, candor prompts
me to say that / do not see in the
traverse jury the safeguard against
wrong and oppression l thought l
lsaw when was younger and more In
experienced than | am now. Juries,
traverse juries, are too frequently in
fiuenced by popular passion. That
they are in large measure ignorant
OF the duties of jurymen is apparent
to those familiar with our courts.
1 These men do not, as rule, reason .
they know no restraint save their own
wish and frequently their verdicts
outrage every reasonable principle of
| Justice; and then there is an cutlery
against the courts as though the judge
and the court-officers were to blame
for the miscarriage or justice.
| would not abolish the trial Of
actions at law by a jury but | would
materially circumscrlbe and narrow
the juries' prominence. | would moi
give their verdict undue prominence
nor IL the judge of a recfew cour1
hesitate to set their verdict aside
when thought it wrong. | do not &C
cept the suggestion frequently made
that twelve unframed minds which
seldom reason consecutively or cor
rectly, and which frequently becom
the sport and prey OF willy and mis-
leading advocates, and bow to unstabl,
popular clamor whether right 0
{ wrong, and reflect an unhealthy pull
/ lie sentiment more frequently thai
the truth of the fact submitted t
: them, constitute safer tribunal TO
, the trial of case than the keen in
/ tellect of one trained mind havin
+ the disposition to do right, REGARDLESS
? of passion or prejudice. Nor do | a,
) cept as wise the suggestion that W
{ should substitute minority for
a unanimous verdict.
!, Let the traverse jury continue
r be composed OF twelve men who sha
4 unanimously agree on verdict: b,
/ at the same time, let the grounds fc
! new trial be enlarged and make
o the bounden duty of trial judges an
; judges of reviewing courts to CAREFUL
i. examine the facts after verdict an
y before entering judgment. In I
Q other way will the judicial tribuna
o of our country even approach perfe,
i justice.
o Delay Better Than Haste
There Is public belief that Il
J. laws delays are inexcusable and tn
n may be admitted In some instance
but I think that more injustice
a. "a