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About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (Jan. 28, 1910)
VOLUME 10, NUMBER S 14 The Commoner. The Jury System and the Law's Delay JudRO Goorgo P. Lotion, associate Jufltico of tho NobraHka stipromo eupromo court, nddroBBod tho Ne braska Bar Association on tho jury system and tho law's dolays. In tho courso of hlB address Judge Lotton said: In my remarks I do not propose to ontor at length Into historical or philosophical fields, nor to discuss causes, but will aim merely to point out what I think to bo defects In our system In this state and to suggest romodlos. I expoct to arouse dla eont, and will bo satlsflod If I stimu late thought and provoko discussion, for I long ago learned that by urgu mont comes light. Much of tho prevailing criticism most indulged in by cortaln classes of nowspapors and individuals Is basod upon an Improper conception of tho dutios and obligations of courts undor our oystom of govern ment by written constitution. Thoro is good ground for complaint with regard to tho facilities for de lay in tho trial courts of tho state. In many, if not in tho majority of our judicial districts, a jury torm is only hold twico in each year, and in Bomo counties only once. As to tho charge that tho jury eystom Is defective and does not tend to produco corroct results. It Is ofton said that tho vordicts of juries in civil cases aro moro ofton pro duced by sympathy than by reason, that whoro tho plaintiff is a working man with a suit against a corporation for personal injuries, or Is a widow with ono against a lifo insurance company, tho verdict which will be rondorod Is almost a forogono con clusion. In such cases it is a common re mark among lawyors, "If wo can only got tho caso past tho judge wo aro suro of a vordlct," and wo all know tho rule "a good caso to a judge, a bad caBO to a jury." As to Spcclnl Verdicts Perhaps tho simplest change pro posed and that most readily applied, would bo to allow only special ver dicts whereby tho jury would deter mine only tho ultimate facts upon which tho determination of tho caso must rest, leaving tho court to apply tho legal principles in accordance with tho facts so found. It is known to us all that jurors sometimes as sume a "Robin Hood" kind of virtue, and return verdicts moro in accord ance therewith, than with tho actual legal liability of tho defendant. As tho law now stands, a judicious and discriminating use by tho court of its right to submit special interroga tories or a special verdict to tho jury may, in somo cases, prevent serious injustice. Personally, I would never dispenso with tho system of trial by jury, but would rather see it forti fied by judicious legislation, so that it may stand upon a higher plane. I would restoro tho jury trial of the common law where tho experience and learning of tho judge is so elim inated as under our American method. To return .to the general com plaint in regard to trial by jury, and considering It alike with regard to civil cases and criminal prosecutions, tho first matter which admits of amendment is tho manner of select ing the jury. In tho first place jury duty Is distasteful to most men of intelligence and steady occupation, and excuses are often made, which if strictly inquired into often prove to bo of no legal validity. Tho con ditions surrounding the exercise of tho duty are ofton uninviting to those cleanly tastes, and unsanitary as re spects the place of service. Criticises Jury System , It is true that wo have relaxed the ancient formula whereby the sheriff was commanded to keep the jury "without bite or sup, fire or candle" until they had agreed, but even now it is often the caso that juries are sont out to begin their deliberations late at night with no provision what ever for their comfort, condemned to spend tho time until they agree, upon cheap and uncomfortable chairs in a poorly ventilated room, often WOOL If you ntnt tho IIIGIIKST TRICKS for Furs and Wool, -nrlto to mo toilaj for rrlco Lists and Special Information. HERMAN REEL, Milwaukee, Wis. FURS YANSANT'S FAMOUS- WORLD'S GREATEST YIELDING The difference In cost of but seed corn and ordinary seed corn ia about 12 cents per acre difference In yield 50 to 60 bushels. In other woids, 12 cents extra per acre, clvss you an extra 50 or 60 bushels that you could not cct with , ordinary seed. Vansant's seed corn Is tNlri JHHHI 'J. I purchased and planted every year by the larcest corn crpwers in the world. You can't afford to waste time, work and land on ordinary seed that can only clve you ordinary results spend 12 cents an acre more and make blc profits. Our new 1910 WtiTML'XA It today. ... ..,,a,wimttJunjUM iu,farTagut,Ia. Combination Offer The Thrice-a-Week New York World, Regular Price $1.00 The Commoner,Reg.Price,$I.OO Both J or $1.25 llS!" TrSSi oT?heVnevfUl1 year only practical purposesis as Rood a, 2 ,iiilhe New York World 'or all good live paper from the LtX 7 paP,or You wil1 want a The Commoner and want t get th "wnT"8' If you alrdy takS of this offer by sending us $ f?B thi. i ' y.U Can take advantage to The Commoner onof Address OrrUrc f tup -n... . .. wmmuiNtK, Lincoln, Neb. made vicious by the fumes of poor tobacco. In criminal cases of mo ment where tho jurors are kept to gether while the trial is in progress, and aro not allowed to communicate with others except through the me dium or under the supervision of a ballff or other officer of the court, and where they aro confined in dur ance vile after the submission of the caso until they are finally discharged, there must inevitably be inconven ience and annoyance, more or less, from tho very necessities of the sit uation, but, even so, much may be done to ameliorate many of the un pleasant conditions which now at tend jury service. There Is no moro reason to require jurymen to serve all day and then pen them up all night without sleep than there would bo to require the judge, the sheriff or any other officer of tho court to work both day and night. In every court house there should be proper and convenient san itary appliances for the jurors use, and either in connection with the court house Itself, or by arrange ment with other parties, there should be provided clean, neat and sanitary facilities for sleep, so that when the consideration of a case extends over night, the jurors may not be deprived of ordinary comforts. Bad Enough at Best The duty is irksome enough at the best, and there is much reason to ameliorate conditions, and no reason for keeping them as they are, save the matter of expense. As to this, I think that any community would find it much less expensive in the end to treat jurors properly, and thus re move to some extent the reluctance of good citizens to discharge their duty to their country by such ser vice. Since writing the above, I note that a Lancaster county juror has had the hardihood to give expression to like sentiments. His protest seems to be the only public one from a juror in my experience. The problem of elimination to procure twelve Impartial men is a difficult one. In these days of pop ular education the daily and weekly newspaper Is In the hands of almost every person who can read the lan guage of the country, and on that account it is practically impossible in criminal cases of any importance to find a man of ordinary intelligence who has not read newspaper accounts of the occurrence, and who has not formed more or less of an opinion or impression from his reading. If a judge is strong enough to hold his head in times of public clamor jus tice will seldom miscarry, either on the side of the accused or state, on account of tho retention of a juror whom he believes to be disinterested and honest, even though the juror is frank enough to say he has formed an opinion from newspapers or from rumor. w miS.?7 ment the state and so t7 n gineral is severely handi capped as the law now stands r egard ing peremptory challenges in criminal ?! f' S a general rule better qual- S J"r0r? a5 to bG founA among the men selected, by the county board hanag;?fn e.regnlaJ Panel than among talesmen called to fill the panel I have often seen a jury S,made up of tizens 'of good standIng peremptorily challenged out def?n8iUryTbX by aatute cousel tor. 5w!; i 'know no mniidr reason either in law.or morals why -the limi tation of the state's peremptory chal- fSKnJP fthre. jurors and the de fendant's to six would not as amnlv preserve the rights of the accuseTas 2ILEW? SiviUngedthae t , i ' lfiUt or Slxteen peremn- orUZ!VVh States S?e or six. But if the powers of the A Sign of poor blood circulation is shortness of breath after walking:, going up stairs, sweeping:, singing,, excitement, anger, fright, etc. Poor blood circulation means a Bick heart, and a sick heart Is tho result of weak and impoverished nerves. Everyone knows tho results of poor blood circulation, but everybody does not know that tho quickest and safest treatment is Dr. Miles' New Heart Cure. If you And these symptoms present you should not neglect tl)em, but at once procure a bottle of Dr. Miles' New Heart Cure It will cure, and at a very little ex pense, compared with doctor's bills. We are so sure of it, that if the first bottlo does not benefit, your druggist will re turn your money. It will do for you what it has done for thousands in liko instances. "For two months I walked- on the edge of the tomb-from weak heart, poor blood circulation and nervous prostra tion. 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