The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-08-27
TRIAL BY JURY.

CTip-of-the-Tongue, in New York
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 47e is sufficient to elect a
president of the United States, 1t is
reasonable that unanimous verdict
of twelve men mot all good and true)
should be required to decide as to the
guilt or innocence of prisoner? Sup
pose the electoral college consisted of
| 10, O00, 900 voters, and what we term the
popular vote were to decide the pres
| idency. All the winning candidate
would need would be 6,50o,0Ot votes.
X
Let me tell you a story of a recent
| trial. I had it of one of the jurors,
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 INSCRIPTIONS
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 jury,
and the trial did not last forty weeks.
The jury retired and took a ballot.
maid was clearly entitled to 10000,
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 corn&S, 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. 1 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 very short time convinced the
eleven that the entire case of the wo-
man was a fake. Instead of rendering
verdict for $4,000 they made 1t
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
ernn 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 win of the majority. AS a veteran
Scot put IL to me: THE unaninity of
twelve memo matter if they be
twelve men good and true-on any
subject is nothing but a 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 verdict by majority aft
er a lapse Of three hours.
X X X
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 circumstantiaI ev-
idence. 1t turned out later that thsy
were entirely innocent.
X X X
Choosing a jury in Scotland" says