South Bend news-times. (South Bend, Ind.) 1913-1938, 1922-06-23
BERATIlNG JURORS.

When Chicago judge. the other day berared
the IL jurors who had acquitted charged
with theft there was a loud and prolonged applause
from those who have become somewhat disturbed
the sowfootedness of justice.
Those who applauded the judge did stop
realize that this Judge was in reality an anarchist,
bolshevist, dtsturber whatever your ret
name may be for those who toss dynamite the
traditions OF the fathers
When ne denounced the verdict of these jurors
he threw discredit upon the system which gives to
the accused the right Of trial by jury OF his
and that added the forces Of discomfort.
Deeply written into the system of Anglo Saxon
Jurisprudence is the right of trial by jury right
wrested by those who had been tyrannized by auto
cratic power Of judges who had suffered from the
prejudices and the brutalities OF judicial power.
this judge really said that his opinion
differed from that that because OF
that difference of opinion the u wrong.
The jury system such is. with all IT'S loop
holes for the guilty and all its difficulties for the
state. the best system yet devised for the
lection of society
Discard it, and you of the prevail
ing systems of other nations to entirely
system Perhaps this judge would suggest that all
Iersons be tried before judge and make him the
sole arbiter of facts and law
Those who dislike and complain of the verdicts
OF juries might look at the systems which other
society
In certain parts of Mexico they still practice the
ancient trial by flight. The accused is placed be-
tween lines of armed men. At signal he is
given a chance to run. II he escapes death at
their hands he is innocent If he is killed his
punishment has already been effected
In the Latin countries of Europe prisoners
tried under the Code Napoleon. that system which
pronounces every person under arrest guilty until
he has proved his innocence.
There is a jury, but that jury must be convinced
beyond all doubt of the innocence, not Of the guilt
of the prisoner Try figure your chances Of
proving your innocence of crimes committed in
your community and how easily you might
become enmeshed in a network of damning cir
cumstances
Before he yields his right to a trial by jury
that of a single Judge the ordinary man may be
inclined to look sharply the decisions of even
the highest Of courts. He may recall that only
this week there was presented proposal to amend
the constitution that the decisions of this court
may be reversed BY Congress under two-thirds
vote-a proposal that has at least the virtue Of
putting the viii Of the people the highest law
Of the republic.
There is much cause for criticism of jury
diets At times they are dictated by politics other
cases have been decided by less subtle
influences and by much more sordid considerations
But bad verdcts are, the safeguard TO
human liberty which affords much precious
to be thrown away the word of some disgruntled
jurist.
The courts at best do not enjoy too great public
confidence to have even that little wrecked by
attacks upon the verdicts of jurles.
Possibly this Judge might find a better task in
seeing that courts free from discrimination that
trials speedy, that technicalities do delay
and prevent trials. rather than attacking a
system which has behind it two hundred years of
usefulness a its recOmmen datiOn.
Jurors not infalhbe. But the written records
decisions judged by the number of reversas
fail give any certificate for universal correctness
to those who occury the bench