The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-31
STRONG PAPER
READ BEFORE BAR
ASSOGIA IlON
Meeting Held
Last Night

The Marion County bar Association
met last night in the Circuit Court
room. A good number Of lsYysFs
were present Two new member
walter Rex Haggerty and Ped.
dicord, were elected and admitted INTO
the association. Other mattegs 8
business before the association
adjusted.
The feature Of the eyentng was tlle
reading of a carefully prepared paper
by u. N. Arnett. Jr., on the spbieet
of Trial by Jury in Civil Cases 1,hls
is the first paper that has been reai
before the association since Il passed
the resolution that each member
should read paper on some lise sslbs
iect. The members to prepare papass
are selected alphabetically Mr. Georsa
Alexander will read 4 paper at tlle
next meeting
Mr.. Arnett's paper, which sgus ypi
to be published In the Bar. THE olilcIai
organ OF the West virginia stale Har
Association, is as follows
Trial BY Jury In cbii caeee
Mr.. President and members o. ne
Marion County Bar Association
have been asked BY this associa-
tlon to prepare a paper upon me stb
ject, Trial by Jury IN Civil case
believe this to- be a subject of ef6W.
ing interest to the profession a. Eell
as to the general public. do not pun
pose to go into the exhaustive deplhs
of the question, but only Wish % throw
out few suggestions for the eonsiil
Grafton and reflection of the members
of this association.
History informs us that tIl 9 jury
anciently consisted OF persons wlis
were witnesses to the facts IA dispute
at least in some measure pers1naily
cognizant of them; and Who cons
quently in their verdict gave not tIia
conclusion of their tuds.nent upon bs
facts proved before them IA ne
cause, but upon the facts they siad Es
tecedently known.
This system was Originally aflopk
for a generation which has long since
passed away and was professedly q
signed to meet the Requirements q
the social, professional and conine
clal conditions then existing aud os
Ing to the crude and incentive epndl
tions OF their turisprudence np doubt
it did fill the wants and meet the re-
quirements Of that day and ase
But 1t soon became apparent that
not only the principles upon which e
was founded were false, but that
practically opposed and directly an
tagonized the building up and estab-
fishing system Of judicial esidence
That jury could practically aad
their verdict without any eyldenee
laid before them, that II they were
allowed to decide on Impression or aa
their personal knowledge. not only
would 1t be impossible for the judge
the parties in litigation, or the pub
lie to knowOon what grounds the decs
sions proceeded. but It might be found
ed in many instances ON common
mors or other forms Of evidence lio
very worst instead OF the best
This evil was gradually eIiminase
and a modification or change was h.
grated into the system which PRO
.hlbited the jurymen from decldins
facts on their own personal lsuowiedse
and placing them In a state 81 leaal
ignorance Of everything relating ta
the question in dispute before them
until established by legal egidauce q
Legitimate inference from H.
This important Innovation laid ne
foundation for system 81 rnle cen.
trolling the admission and reiectioa
of evidence Under the modern ruIe
the jury must consist Of persons Wlio
have no personal tnowleage oi BE
transaction. who haye not maae uR
or expressed any opinion on the facts
in dispute, who have no bias 81 prelu.
dice for or against either parts ani
who are absolutely ignorant 81 yeit-
thing that would prevent them from
rendering true verdict ACCORDING fs
the law and the Evidence, which Is
decided Improvement,
The qualifications 81 jury uuder
the modern rule Of procedure 8 obsi
CONTINUES On Paae Etrht'l