The Abolition of the Jury System. 17 



" Master Serjeant, I know how by persuasions, enforcements 

 presumptions, applying, implying, inferring, conjecturing, dedu-' 

 cing of arguments, wresting and exceeding ttie law, the circum- 

 stances, the depositions, and confessions, unlearned men may be 

 enchanted to think and judge those that be things indifferent or 

 at the worst oversights, may be great treasons. Such power, ora- 

 tors have, and such ignorance the unlearned have." 



But the processes that win with a jury are powerless with the 

 court. It would be a happy result for the bar if all possible 

 temptation to such processes were removed. 



We have instances enough to show that a master of rhetoric can 

 convince a jury that it is perfectly natural for men to unjoint 

 their heads and carry them under their arms during a shower. 

 But whether it is worth while for society to tax itself heavily to 

 support an institution for the sake of giving such rhetoricians ex, 

 ercise, is or is not much of a question, according as it is viewed. 



The jury system has indeed such age as it has to recom- 

 mend it 



But, as Forsyth well says : "Abetter reason for the continu. 

 ance of an institution must be given than that it has been handed 

 down to us by our forefathers. " 



Professor Christian has expressed the opinion that the rule of 

 unanimity in verdicts could not have been introduced in any age 

 by deliberate act of the legislature. 



If it were an original question with us, whether to introduce 

 jury trial as we have it, either in civil or criminal cases, the propo- 

 sition would fail to find respectable support. 



POSTSCEIPT. 



The abolition of term sentences in criminal cases, recommended 

 by the governor of Wisconsin, Hon. W. E. Smith, in his first an- 

 nual message, has a bearing upon the abolition of the jury system 

 in such cases, to which attention is invited. 



The board having the charge of criminals must always have be- 

 fore them the question of the actual guilt of a prisoner, as well 

 as the equities existing in case of clearly ascertained crime. Such 



