The Intermountain Catholic. (Salt Lake City [Utah] ;) 1899-1920, 1907-08-31
TRIAL BY JURY.

Press.)
In our great and glorious country we
decide everything by the majority ex-
cept civil and criminal cases in court
and blackballing in clubs. Now, If
mere majority of one electoral vote in
a total of AIS is sufficient to elect a
president of the United States. it is
reasonable that a unanimous verdict
of twelve men mot all good and true)
should be required to decide as to the
guilt or innocence of a prisoner? Sup
pose the electoral college consisted of
l., 900, 900 voters, and what we term the
popular vote" were to decide the pres
idency. All the winning candidate
would need would be 6,500,001 votes.
* X X
Let me tell you a story of a recent
trial. 1 had it of one of the jurors, a
we'll known and highly esteemed bust
ness man. A maid-of-all work fell
into a coal hole which had been care
lessly left open in a citizens front
yard Egged on by an interruptions
lawyer she sued for $4,000 damages,
alleging serious injuries which threat
ened to cripple her for life. There was
not much trouble in obtaining a jury,
and the trial did not last forty weeks.
The jury retired and took ballot.
El6NGI llIlpulSlNG illtll dSIcCu IllcI lllt
maid was clearly entitled to $4,000,
and not a man jack of them had the
remOtest doubt that such a verdict
would be the very exaltation of exact
justice.
The twelfth juror had not seemed to
take an interest in the discussion. He
sat in a, corner, apparently reading a
paper. BY and by the eleven turned
to him and asked what he had to say;
would he agree to the verdict? Laying
down his paper, he said: Gentlemen,
have not been reading, but listening.
Permit me to say that you are about
to commit most grave blunder. 1 am
physician. Here is my card. You
can easily look up my record. I have
heard every word of the testimony
and, as a professional man, 1 know
positively, and will stake my reputa-
ton on it. that the injuries which this
woman alleges she received by slipping
into that coal hole could never have
been caused by such an accident. If
you will bear with me for a little while
will prove to each and all of you that
[ am right"
This juror had such a way with him,
he was so calm, his language and man
ner were so impressive, that the elev-
en- wanted to learn more. He sent for
charts, diagrams, medical works, etc.,
and in a very short time convinced the
eleven that the entire case of the wo-
man was fake. Instead of rendering
a verdict for $4,000 they made it a
matter of a few dollars; and all on
the say-So of one man who knew some
thing. The jury has learned since that
the injuries to the maid were of the
most trivial character. 1t is my SOL
emn opinion, and cannot repeat it too
often, that there should be special
judges for special trials, and special
juries, too.
In Scotland the jury consists of fif-
teen, and they very sensibly abide by
the will of the majority. AS a veteran
Scot put it to me: 1.-THE unanimity of
twelve men-no matter if they be
twelve men good and true-on any
subject is nothing but chimera. A
man coerced-as he very often is
against his will is of the same opinion
still. No time is lost in Scotland, in
civil cases at least, as the jury can
always give a verdict by majority aft
er a lapse of three hours.
The basic principle of the Scotch ma
ture is an innate sense of justice. The
Jury has the privilege of giving the
prisoner the benefit of the Doubt
with a verdict of mot proven" This
is but right, as it has been officially
shown that hundreds have gone to
their death through circumstantial ev-
idence. 1t turned out later that they
were entirely innocent.
X x X
Choosing a jury in Scotland" says
our veteran Scot, "is simplicity and
celebrity personified. I had just at
tanned my majority and was scribbling
for a paper, when 1 received sum
mons to appear in court to be balloted
to serve as a juryman. All the names
of those summoned were written on
slips of paper. which were folded up
and placed in hat. One of the court
criers stirred them around, then pulled
them out, one by one. Curiously
enough, the first name called out in
stentorian tones was my ownI 1 had
at once to step into the jury box-the
foremanl Fourteen followed in short
order, the whole balloting and choosing
occupying not more than two minutes.
X X X
Finer and more sensible chaps than
my co-jurymen 1 never met" contin-
ued the veteran. "All solid, substan-
tial business men of spotless reputa-
ton l was simply amazed how clear
ly they saw things from all points of
view. They worked as required
'suaviter in modo, fortiter in re'-to
perfection, as the verdicts proved. The
idea of a criminal or his counsel-the
latter often a bigger criminal than his
client-challenging or trying to bully
rag and bulldoze respectable business
men above reproach is not only pre-
posterous, but simply monstrous, and
would never be tolerated in any coun-
try in the world but America"
A LIBEL.