New-York tribune., 1905-07-18
TRUSTS HOSTILE TO JURY.
FE4R PEOPLES BULWARK.
Belieue They Hare More Influence
5cith Judges, Says Lazcyer.
o the Editor OF nc Tribune.


Sir: ALWAYS an auditor onIy9" How often has
this query of Iuvenal himself risen in my mind
have read of some heresy running riot among
or heard hue and cry raised against a
person or an institution which did not deserve II!
l have generally smOthered my resentment and in
elination rush 10 the defence, but feel that
ought DO in the present case When that
palladium of liberties the jury system Is the
object of systematic and powerful attack it seems
70 me duty 10 express the views which my ex-
Derience has given
have practised law nearly thirty years. | have
been engaged in considerable litigation l have met
with bitter defeats due sometimes, it seemed to
me, to incompetence. prejudice, or pull IN the
Jury box; but the whole, I feel bound 10 say
that the separation Of the questions OF law and OF
fact and the relegation OF these questions for de-
cison TO separate functonaries. Is provided for
by jury trial, is considering the fralty OF human
nature. the perfect system for the trial OF
ever devised by man
Judge and jury counterbalance each other. Each
is check the other. The proceedings must be
open and above board. The true reasons must be
ayowed- There is not the opportunity for
craft and underhand influences there is when
the whole is shut UP within the breast Of
single Judge and, above ALL in the jury trial ee
mental man, disinterested and unsophisticated with
his rude but unerring instinct of right, plays his
part The effort OF the community should be. il
seems 10 me, uplft the system. both judge and
jury to higher planes and Ioftier standards. and
not TO revolutionize by destroying OF the
JUDGES ALSO MAKE MISTAKES
Nor do I believe that the jury system is such an
awful failure attempt make AS a
matter OF fact. my experience has caused be-
lieve that for mistake made by a jury I
find another made by a Judge
Nor am I alone in this opinion. A while ago I
put this question Of our most distinguished
lawyers: IF YOU 10 tabulate the miscarriages
of justice which you have known. and put in one
column those due TO errors OF Judges. and in
n Tar fhnSa
ceed the other7" Without hesitation the an
swer, That the judges"
What are the endless volumes OF law reports
about? The of juries? No indeed
These denunciations OF the jury system venture
TO assert. are not based on any scientific study,
comparison and consideration OF results and when
secretary Taft does hesitate to throw the
weight OF his great influence against this system I
am forced 10 wonder what motive impels him and
on what experience and investigation ne bases his
opinion.
IL Is easy 10 criticise a jury. There is no one
TO Kick back. Il here moment ago but II
has now disappeared in the ruck Of everyday life
II mas no longer power, patronage influence
II can be denounced, fouted sneered AT with i'm
punity. But criticise a Judge? On no. We must
crook the pregnant hinges Of the knee that thrift
may follow fawning'
The Judge is with us to-day tomorrow and
next wear and II he sees ht. and II his soul be
mean enough, he get even with us with
such deftness that blood will follow a mortal
sud- ana no visible sign OF trouble attract
ton Of press or public. We must
most deferential manner and continue to spread
abroad the fiction Of his infalibility.
JURIEs MUST DECIDE OK THE JUMP.
Mistakes Of the jury patent, open known
Of all men The mistakes of judges be and
are carefully concealed and their effect entirely
lost sight OF. far the people are concerned
In the maze OF conflicting decisions
We segregate the jury from it's kind. and lock-
ing II up in ROOM without meat drink
excepted demand instant decision We allow
Judge al the time ne chooses. and he ponders
and when he hnally decides we admire mis- wis
dom and fall TO denouncng the jury system.
a judge decides by intellectual processes 4
and It's quick sympathy reaches out TO the Iir-
der dog in the night and naturally, it favors the
man; tenant against landlord; any against
corporation, But these alterations from
justice In the long run this tendency is right
and in particular instances II can be reckoned with
In one important respect the jury is superior to
me ne aVeTage h IudSe IuiS % II mas no pride OF opinion
heaven. we must have the spirit of a little child
science must possess the same humility OF soul
Tne earnest ana tEnpartia jury approaches the so
striving with ali its might to get cews to lead
1t through the bewildering maze of facts and
arguments with every eye turned toward the Judge
to present a sublime Illustration Of this spirit
TRUSTS FIGHTING THE JURIEs.
But this spirit is conspicuous by it's absence
among the judiciary.
I suspicious Of this movement against the
jury system I believe the commercial oligarchy
finds it of the great obstacles in IT'S way the
complete control of things. Powerful financial in
terests feel that system OF permanent judges
would be amenabe to their influence than that
of juries whose haphazard composition al
ways be foreseen and dealt with
Such expressions referring to the jury system
1T has survived its usefulness. 1t is for
the times The deEeneracy of the jUFies," The
/ aNity of juries IS the cause Of the increase OF
crimes" sounding phrases whose truth cannot
be demonstrated and nothing The jury sys-
tenn old the Forum. old Athens. Its
disuse preceded the fall Of civilization the be
/ ginning Of the Dark Ages.
II our people increasing in intelligence and
virtue the jury system is increasing value:
spects then truly it has survived its usefulness
/ and untitled for the times. Degeneracy OF
the juries the degenerHcy of the people. If
they are untitled to decide private quarres under
the control OF able jurists much less they
fitted decide those vast questions Of public pol
icy and government submitted 10 them a voters.
The attack on the jury system is therefore an
And he VINO attributes the increase Of crime 10
the Iaxity OF juries seems 10 mistake
symptom a The laXity of jurieS itself
ONLY manifestation Of that universal spirit of
dlsrespect for law which to-day seems to perVade
all classes and conditions OF men, and Of which
see such abundant evidences in every department
Newark \ j. July l6 1895.