Daily capital journal. (Salem, Oregon) 1903-1919, 1916-05-17
IS THE JURY SYSTEM OBSOLETE

few days ago in Seattle Mrs Garcia Jones, the 49,
year-od wife Of Thomas c. jones' brought suit against
the parents of her husband for the of $4,000 for
alternating his affections. ~
II seems the parents of the husband quite well off
and objected to the marriage of their son because their
money placed him in higher class than that IN Wmch ms
wife belonged The testimony showed that on the we'd
ding day the father took the husband home and at once
began trying to compel him to get divorce finally send
inc him to Denver and separating the young couple
little girl born to the young par ana TINS oaoy the
father of it has never seen.
In the trial which ended Saturday the jury doubt
thinking the case rather aggravated one gave the young
wife the full sum for which she sued, $4,000
The attorneys for the defense at once filed motion
for new trial on the grounds that the judgment was
EXCESSIVE That was and is the usual course pursued by
attorneys That is what they are paid for
Then the Judge took hand and offered to allow the
verdict to stand for $12500 and gave the wife live days
to decide whether she would take the sum- AT the same
time he told her that unless she did so ne would grant
new trial That is not what judges are supposed to be
paid for though they are in the habit OF arrogamg 10
themselves the right to do So
The twelve men to try the case and render Just
Judgment heard the testimony just as the Judge dd
knew all about the details of the affair and on their oaths
said the damages the vile was ehCleu 10 was Ve sum
They did not think the amount excessive, and they
were under the law the sole judges If not what were
they called to decide? -.
differently from what the jury did, why the jury? II
the Jury had decided the case against the law as eX-
planned to by the Judge he could set the verdict aside
and order new trial That is conceded but can ne adj
NIT the Judgment was according to law, and then NIX the
amount of damages which clearly the duty OF the
Jury? If so why go to the trouble Of selecting jury?
Was the jury called for the sole purpose OF deciding
that the defendants had taken the husband away from the
wife? The defense admitted that What then was there
for the Jury to decide but the amount Of damages she was
entitled to recover? IT, after they had decided this point
the Judge could set their Judgment aside and substitute
his own why the jury? ,
Is the opinion of one man. simply because he has been
elected to certain Office better than that of dozen men
who have not? If so why fool away time getting the
twelve to pass upon the matter?
Why the jury?
The wife accepted the judges terms. What else could
she do? She was told that if she did not so accept ne
would grant new trial If the Judge refused to allow the
Jury to give her the amount she claimed in one trial would
he do so if another jury would give her the same sum
Having decided the sum excessive had she any chance
in the world of getting better verdict in another or IN
dozen other trials? The judge could set aside dozen
judgments as easily as one This brings us face to face
with the proposition that the judge, not the jury is the
one to decide questions of both fact and law If this
correct why have jury system?