The Montgomery advertiser., 1908-10-04


 the ne plus ultra of human wisdom.
 the jury system. before which we are expected to bow down and wor- shin as n thing sacred and inviolats, how does it affect this question: Why as even Casual observer cannot fail to discern. 1t has been abused and so twisted from its ortg- inaI methods of application-vide Greens. History of the English Peo- ple the historical masterpiece of the nineteenth century-athat really 1t oft en acts as a means to prevent. rather than to promote, the enforcement of law. The number of challenges al- lowed counsel for the defence. to-
 gether with the use he IS permitted to make of these challenges. is such that practically he puts on the Jupy only the men. or shall we say. man. nikins. frequently. as he deems fa-
 vorable to his purposes. It for the Jury there could be substituted three class, highly salaried judges. per haps our children's children might
 witness the execution Of a white mur-, derer possessing money and social po-, sition which has long since quite gone out of fashion--is as extinct as the
 iodov-in this great country ot ours.
 many are so fond of boosting about, as if mere. size alone constituted greatness! Again. the readiness with
 which the court often excuses men summoned upon the jury. joined to their readiness In concocting excuses to avoid jury duty. andN this by men fairly truthful, must be reckoned
 with as a most serious factor in the administration of justice. It means many really competent citizens are al- together relieved from jury service which results In almost incalculable injury to the public welfare. Add to this what seems to be the further fact that the more stupid a man is, and should be counted against him. for it usually means he Is lazy and worth-' less-why, the more acceptable and or course the more unfit he is to serve as a juror! Indeed. the average jury is made up largely either from the hangers of courts. or from the least foreefui men of the community. who have neither the capacity to re- numtef nor the ability to analyze the evidence offered for their consid- eration.
 Useless Number of Appeals to High
 And what shall say concerning the highly pernicious use of Courts of Appeals? A single minded man who tries to tell the truth and be honest --the two most difficult virtues In this workmanship supposes they exist for the purpose of settling questions of really vital importance to the cause of justice, to the welfare of society, the state, and that they
 would promote and expedite the en- forcement of law. Alasl for such un- sophisticated innocencel They are supremely the most ingenious of all the schemes in the whole judiciary system for retardins of the laws en- forcement Appellate Courts deal Iargely-indeec, 1t may be said chief iy with points of error which practi- calIy have nothing at all to do with either truth or justice. but are often mere technicalities and not real things. Appeals are taken--that Is new trials granted--throughout this country generally. in at least forty per cent of cases--in England. less than three and one half per cent--re-
 sulting not only In the delay of jus tice, but very frequently in absolute immunity from punishment for crime. Indeed, Courts of Appeal do more to retard, in almost numberless tn- stances, the enforcement of law, the operation of justice, and right, and truth, than any other cause dealt with in the treatment of this subject.
 Expert Testimony.
 To crown 1t all, we have that mod ern excellence, that fruit and flower of our glorious" civilization called
 expert testimoney: If there is any thing really a farce, nay worse. q | travesty upon justice, to be found | within our courts. 1t is that. We have reached such point that whatever may be desired for the benefit or the 1 accused can at once be produced by means of expert testimony. provided always his purse is long enough: | HasA he murdered some one in baTba" rous fashion? Why. he was suffering from a 'brain-storm',' or his ances- | tors, from time immemorial. have shown symptoms of insanity. or In or St feast very eccentric, Has he
 an accomplice in his foul deed Then he too must be provided for and some are told he is the victim or re. ciprocal" nsanity.--whateve that nav mean! If the accounts Of trials
 press are to be o,,St SslisSsSsno sSs;r snp1
 there is no reas0n .1 ne OUuDt wHn ot expert testinnony is rapidly becomming one
 of the most rormIdaDie oDsracies III | the enforcement or law.