The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-07-23

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~ The turv hIt ;ha Ia ia - jury
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4 Is t. perfectly Nel settled That
the aHstsHt mole rs traai ~ laty ME-
by the yudS" as 3 moderator. but D.
NtS 4 t.3tl By tne court assisted hy
TIE jury ia "a, Determination II 4ues-
tiors II te-t
Spc-Alr- OF e stature. similar to our
Professor TEISer in mis- rlU4r i|}4m4u-
ating book IA Preliminary Treatise ou
Evidence III the Common Law. page
ISIS. n. - saws.
1t > not too much u saw of any
period. IN all English history, that ii
l. Impossible 10 conceive OF trial by
jury as existing there in a "nrm which
would withhold from the Jury the as
sistance Of the court III dealing Nth
the facts. Trial by Jury. in such "a
FORM as that. il not trial by Jury In any
historic sense of the words Ii il not
the venerated institution which at
trdcted the praise OF Blackstone and
Of our ancestors. but sometime novel,
modern. and much less 70 be respect
ed"
And practically the same provision
is contained in the Constitution Or the
United states. and X has never peer
held to trammel the Judge in the per-
Torrance Of his ancient duties. Re
ferring TO this matter. Mr.. Justice
Gray, speaking for the court Gin II
S vs.. Phil. ana Reading r r Co,
1913 u. :. 1l3, ll4l. said:
Trial by Jury in the courts OF the
United states is a trial presided over
by a Judge. with authority. not only
to rule upon objections to evidence.
and to instruct the Jury upon the law.
but also. when in his judgment the
due administration Of justice requires
it, to aid the Jury by explaining and
commenting upon the testimony. and
even giving them his opinion upon
questions of fact. provided only he
submits those questions 10 their deter
mination.'
1t may be said. and probably will be
said by some, that justice is admins
tered as ably and as impartially in the
State courts as it is in the Federal
courts. Granting his to be true ii
does not affect the argument. The
fact that very able men administer a
bad system well does not prove that
they would not administer a good sys-
TEN very much better. But / think
that, after all necessary deductions
and allowances are made, as they must
be, an impartial student will be con-
strained to admit that. generally speak
ing, trials are sDeedier and verdicts
less affected by prejudice in the Fed
eral courts than in those Of the states.
merely because the judge exercises
greater influence on the result-thC
juries being practically the same.
But the most remarkable contrast
between the two systems to be found
the one in which the judge is a mere
moderator and the other in which ne
is the judge of the common law and
of the Constitutions in comparing
the trial of ThaW, with its intermInal
length. tedious croSS-eNamination.
chickering's of counsel. frightful ex-
pense, and futile result. with that Of
George Itayner, who, during the pro
gress Of that trial. killed a man IL
London, was tried. convicted and SEN
fenced in one day, though the circum-
stances of the homicide were sensa-
tional = he was defended by able
counsel upOn the ground that he was
insane and experts were fully examin-
ed on MS behalf, and no one has yet
said that he did not have a fair trial
or that he was denied any substantial
legal right!
l submit. therefore, to your consid-
Grafton that a decided change is neces-
sary in the administration of law, and
that the only feasible way in which
such change can be made, and made
effective without a revolution in our
methods of procedure by which we