The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-01-31


which dictate the admission and re-
lection of evidence. These rules con-
trolling the production of evidence
form the safeguards which protect the
jury and prohibit the admission of inn
proper evidence or information on the
question Of facts in dispute.
i The aid of the court In arriving Mt
a conclusion from the consideration Of
these facts, should never be withheld
4 from the jury. The aid Of the court
is the safeguard that prevents the
Jury from arriving at an erroneous con-
clusion upon the facts in controversy,
and leads them up to verdict that
reaches the justice of the case.
This is practically true, because we
know that the judge by reason Of his
learning, his experience in judicial
trials, and judicial investigation, and
by reason of his law knowledge, is
better qualified to weigh evidence, and
sift testimony, and reach proper and
correct conclusion as to the facts III
controversy, IMAM jury
A lawyer can inform his client with
certainty how court will decide a
question Of law, but he cannot in
form his client how jury will decide
upon certain state of existing facts.
Why Is this? Because the aid of the
court is withheld from the jury in de-
Gliding facts arising in the trial OF
cases. Withhold the aid OF the court
from the jury in deciding questions OF
fact In the trial of cases. and in nine
cases out of ten we will have an err
roneous verdict, and from this result
the want OF uniformity and certainty
in the decision of facts by a jury. It
is practically true that the more safe
guards that are thrown around the
jury will proportionately increase the
probability Of a correct verdict.
We know absolutely that our sys-
tenn of trial by jury is inadequate, in
complete and defective and we now
ask how can we remedy these defects.
and dispose of these evils and still
preserve the benefit of trial by jury?
The remedy in my opinion is sim
pie. / am convinced that this can be
done by changing our rules of pro-
cedure so as to give the trial Judge
moro control over the facts at the
trial: and to give him more control
over the verdict of the jury after 1t is
rendered.
Let the Judge have the power and
authority to advise the jury as to the
facts and so long as his advice falls
short of a positive direction to find a
certain issue in certain way, it
should not constitute ground for new
trial Let the trial judge advise them
as to the facts of the case whenever it
shall seem proper to do so.
If the jury in deciding the facts
should misapprehend the advice and
summing up of the trial judge and rem
der an erroneous or incorrect verdict,
on a motion for a new trial. let the
trial Judge look into the facts and see
whether or not the verdict is right.
The prime object of all trials is the
discovery of the truth.
II the verdict is true let it stand.
If it is wrong or contrary to the facts.
let 1t be set aside. This method will
gradually abridge the number OF friv-
olous appeals and leads to certainty
and uniformity in the administration
of justice and will reach the merits OF
the case.
And then, and not till then, can we
dispose of the judicial force which
is now required. greatly in excess of
: what would otherwise be needed.
All the time of the trial Judge is now
| addressed to an attempt to avoid and
/ correct errors in the interlocutory
steps by which the cause is finally
brought to the arbitrament Of jury,
in giving, or refusing certain general
. instructions or admitting or reject
ing certain evidence with scarcely any
, attention paid to the question whether
. the verdict is right. No time should
be wasted by the trial Judge in in
F.. curing whether the interlocutory steps
, by which the verdict was reached
were free from error or not.
, The primary object is to see wheth-
err the verdict is right. II 1t is right,
it should not as general rule be dis
turbed, no matter what interlocutory
errors have been committed in reach
; ing 1t. Exceptional cases will, OF
course, arise where these principles
ought not to be applied. Thus, If the
Jury has been tempered with, or wit
nesses suborned by the successful par.
, ty, the verdict should not be permit
ted to stand. although there is sufll-
+. cient undoubted testimony to show
, that it is clearly right.
Caught by Fall Of Coal.
| 60 rT.,,ls1 = c1o,,igI, yrfnor ON.