Tonopah bonanza. [volume] (Butler City [i.e. Butler], Nev.) 1901-1909, 1908-07-18
EDITORIAL COMMENT.
Duh JURY SYSTEM.

osxemplined time ad time again. In a noted trial just held in Colorado
fessed to a commission of the same, he is acquitted; the Thaw case with
its smelling to high heaven evidence, the bibers OF San Francsco-theI
turieS n which either through fear; corruption or Quo insanity nave
rendered verdicts directly at variance with the law and evidence submitted
Glow often do we see juries composed OF men who are densely ignorant trying
cases involving millions who never at any n I'm a ven . week
wages 10 their credit Iii IS a well known fact that in many cities there are
professional jurymen, ever ready to serve for the mere pttance paid. The
excuse offered by the average business man Is that he cannot foreso ais
engagements o the loss that might entail to him from serving o a jury
Then, too, we have the smooth and polished pleader who plays upon the
emotions of the twelve good men in the box notwithstanding the evidence
as against the criminal return a verdict in his favor.
The vagaries Of our jury system is treated in a recent issue of the
louisville Confessional with the following. interesting comment ae
illustrative incidents, and We commend its reading and thoughtful perussl
20 every reader OF this paper:
Discussions move in circles and waves. Just now it is the jury system
that is a favorte theme. Since a New York Judge barred forever from
Jury service a Manhattan confechoner for writing a caustic letter on jurias
name as 0. j Weeks. OF Park Place-to serve as juror for the reason
that. 10 me, the present method of jugglery with the law. splitting hairs
and granting appeals o n any pretext, is not the proper administration of
justice, and to take the time Of twelve business men, which to them Is
valuable, compel to set o a case in which they are not interested, and after
they have rendered the decision to the best of their ability, TO have a out
side judge differ on some slight pretext granting a stay o a appeal, is
disheartening to the Jurors, and, for the above reasons. trust / will not
he forced to serve IS a Juror
AT almost the same time the assistant prosecution OF Hudson county
New York, made a sensational attack N the petit jury system. He ue-
clared that men untitled 70 pass Judgment on their fellow lei were selected
and he insisted that in nine cases. out of ten the verdicts were contrary TO
vhe evidence. Il charge' he said. that within the walls of the court house
there is a gang of jury fxers who work successfully day after day. All
The triumphs Of law over lawlessness, honesty over deceit, government over
anarchy are shaken for the time when it has been made apparent that he
law in a single instance is impotent to resent a miscarriage of Justice He
alluded Indignantly to the recent acquttal OF a man charged with stealHg
$4,000 Of crude rubber from a railroad train. In this case the jury o. The
first ballot stood eight to four for conviction and OF the next the vote was
nnananous FOR acquihal
nut the sevrest attack is that OF Hal ". Greer, a lawyer of thirty-avs
wears, experience, in the American Law Review. In his article he all hut
urges The abolition Of a trial by jury. His objections may be summed up
4huss
~Frst-They do not apply the exact definitions OF crimes given in the
courts charge, because they do not understand them, nor, in truth, do they
care TO understand them. They believe their own ideas are supreme nd
that they have the right to be governed by same.
Second They read into the law their own emotions. sympahies and
feelings giving it their own interpretation, putting themselves in the place
Of me defendant a position never contemplated by the law or good morals
Third Sometimes juries are corrupted through fear, or worse no.
atves into returning verdits in defiance of law.
"Fourth-Preiudice figures largely in yerdias. A tramp or pauper is
denied the benefit Of the doubt but a wento-do citizen has 1t stretched to
most unreasonable lengths in his favor
Firth The method of selecting junes is childish and pe1le. enab-
ling on who has been influenced to answer all questions satisfactorily
and operanns against the conscious taesman who admits he has formed an
opinion The latter. the writer says, should n more be Objectionable
therefor than the trial Judge himself.
Sixth The whole effort Of defendants counsel is 10 keep conscientious
men cut Of the box whose feelings, emotions n sentiments cannot oe
appealed to-
seventh Law recognizes the fact that a Jury IAN be improperly IN
aneneed, in that it locks up iunes in felony cases.
Eighth Counsel for defendant make statements and arguments as
appealing 10 the passions and peiudices Of the jurors, to violate directly,
their oaths and aeqdt The defendant which they would not dare to make
Ninth As the Law is an exact science intended to prevent crime ~
faify, Justly and reasonably furnishing those guilty of its infraction. there
can be no reason for q jury on the theory that it will be more merciful than
mages learned IN The law and capable Of deliberate and iudicious analysis
Tenth The strongest reason against the system is that instead n
eyer ohense being accurately defined and punished, iuties are continually
adding to the definitions and destroying the certainty OF punishment 81
- We're known to be a fact that every crime would be punished according 10
its definition there car be 0 doubt of the salutary effect It Is the nm
Fe'antE 2 a iuH verdict that breeds criminal desire and anarchy.
IN eiyif eases writes Mr.. Greer, juries are taken to avoid the Law.
attention 70 the law, the assumption OF risk. or the contributory nesnaenc
% the plaintiff, but decide the case plainly o a mistaken sympathy against
~ defendant The fact that the plaintiff is poor and the defendant rich
rs sufficient and the jurors relieve their consdences by assurfng one another
that 2 higher court will correct their mistake IL any. Appellate courts
'omplacenty hold themselves bound by the facts thus found by the jury,
and the law goes on changing from system to doubt apd from dorbt+
homeless confusion and consctenceless anarchy.
These are harsh structures, truly The pity of il Is maj thew a nd
altogether undaserved The jury system undoubtedly has rs fauits IRE
h heapns ~ es ~ 10y tm. Jury IS made u p of minds having no clear compre
nen ~ q W. e@e uea are trying 10 ability to pass fairly on the merits
Of the question involved. SO far, however NJ better system bssh na
aH citizens to elevate the Jury standard, to fight for intelligent men to -
~ 'F'es' '' :" y . se e y that a Jury, once selected does its duty
HEARST on BRYAN.
Mr. Hearst rejects with scorn and even contumey the action,