Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-10-19
Able Address Of Iurist Before Gen.
tlemen's Club Of Ogden Pres
byterian Church.
DEFECTS OF METHOD DEFINED
10 obtain Competent Juric- it H. sug.
gcstcd That Men be- selected aud
Specially Trained

evening, Judge Howell delivered an cx-
haustive address on "Our Jury System
in Practise" be described The jury
system, iis origin and growth Hc also
showed up the weak points oi iho sys-
team, chief among which be- thought was
the Incompetence OF many luics to
weigh the evidence before them, cs-
pecially iu civil suits-the defect beius
due TO their not being specially trained
Ron Tho work they are called upon 90 do.
Iu beginning bis address Judge
Howell traced the history of the Jury
system described lts growth and work
irEs. continuing, Doc slid.
Having now discovered just what
our jury system ls Ike. and having.
however imperfectIy traced DIS growth
So as to show the reason for Cos exist
ouce iu ,he form we now have &c. let
ua next consider whether DO is the best
means which could Doe adopted Tor the
determination OF the questions or fact
which are submitted tD o. in those cases
Co which 81 ifs applicable.
''At the outset Wc must realize, Ol
course. that 90 ls Impossible for ne %
amy longer regard the jury as the bull
Wark Of our liberties. / have already
pointed out the reasons which actuated
the great English commentators 90
look upon 10 as SUCH Iur'Ds had not in
frequently in crucial moments in the
history Of England taken the side OF
the people against "a hostile king but in
"a democracy like ours. where the people
are the source OF an power they need
no such fundamentally to protect them
from themselves.
JURY SYSTEM CRITICISED.
THE only test BIZ which &C. can stand
IS. then. whether or not DO adequately
serves its purpose, namely, to come AS
near doing exact Justice as % is pOssi-
BILE In a human tribunal, and viewed in
this light. not only in this country but
On England, 10 has been subjected boo our
own time TO much adverse criticism
For instance. Baron Br8mWel on cx-
animation before the law courts conn
mission (Scotland). said. III D wanted
nothing but the truth IN a particular
case, I should prefer the verdict of u
Judge and 10 seems 90 me impossible
10 doubt he IS the preferable tribunal.
In am action against "a aiiWay
company. they duries) generally go
wrong. IN actions by tradesmsu against
gentlemen. Ga questions whether arti-
Giles supplied were necessary io Iu IN
FAINT or wife. they are sure 60 gO wrong;
in actions for discharging 90 servant
they generally go wrong; ia actions as
TO malicious prosecution, they are al
ways wrong
FAIRNESS OF UTAH JURIEs.
speaking exclusively for our own ju-
rles, not knowing what may be true
OF others. i am satisfied they do not
merit one accusation which is oltcn
made against them. ] am fully cou-
WINGED that there has never been a
corrupt jury I'm my court. 10 may be
~ y" I||
being human, but Il has not been the
result Of corruption, nor has IL been
because they have not tried conscleuu-
uuely to perform their duties, but
n they have made mistakes 30 was be-
cause of their lack OF ability 20 do
otherwise. ] have already made COM
plant that some iurymen have sought
ia my opinion without just cause 10
shirlk their duties, but ] am just as we'll
satisfied those who have assumed the
burden Of serving have brought TO the
Performance OF their duties sincere
desire 10 do justice.
INFLUENCES THAT SWAY JURIEs.
1T has frequently been claimed and &c
is claimed here that juries are oIteh
sWayed by prejudice and passion, ea-
pecialy Ia cases against corporations,
and such is evidently the prevailing
opinion OF tho bar. yet iu three years
of experience on the bench have only
thought it necessary Co set aside one
verdict ON that ground, and have only
reduced ln amount three. There l.
a feeling veiy prevalent now that cer-
tain large corporations are dangerous
TO the community. because uf their fla
grant abuse OF their power and their
reckless disregard Of law but OF
course. the proper method of Curbiug
them Is not by rendering verdicts
against them iu litigation between them
and individuals. EgrdICts which are not
Justified by the law and the evidence.
The ideal tribunal ls 100 resUcrter of
persons, ~ htigauts are NOT equal be-
fore tho law. "a Fundamental principle
ur good government ls violated, ANA /
think that our Iurymen are Intelligent
enough Go realize IL and conscientious
enough Co $50 act. While ] do not
think that BOZ actions OF mis- character
jurors are actuated by prejudice. I 90
think that Iu am action between amy
widow and her children uu tne One side
and a corporation 0u th. other, Indeed
between any Individual and e. corpora
tiou. the natural sympathy of the jury
ls with the Individual ] have often
heard counsel for railroads frankly say
to me, off che bench that bee sympa-
thized with tho p'aintInF
] often lo, OIL De- uli human, and why
then should 1871. blame he WE fur Itf
True DO Is thrl tue ideal tribunal would
NOT be subject t0 such influence uue
DO g. thut J. seek not to Dee Fl nhu-
uucod ir trying tAr case hui Dr. There
auy reason In suppose chat the jury
do NOT also trN. instructed lH they ale
theu tl aulu0s, ihat they Hi. mot sue
csea aa wen ns other human being
10 b. said tuIt Judges would uUt Do.
subject On Hu.N Influences h.DHu". of