CORRESPONDENCE

Hokitika Guardian, 5 November 1921, Page 1

CORRESPONDENCE

TRIAL B-V JURY. (To the Editor). Sir.--’Wlien tho freemen of England extracted from tho despot King John at R iinnyuiede the Great Charter of Liberty known as Magna Cbarta in the year 12Bi. they Isl't to the British race the greatest legacy of freedom t!ie world lias ever known. In the diadem of constitutional gifts of which the Charter is the symbol, the brightest jewel is the right of every man to he. tried by a jury of his “peers.” The development of our Jury system has been secured only at the price of privations and sufferings which constitute the brightest pages ill the history of the British fight for freedom foom tyranny of absolute monarchy; and that any interference with this glsri.i is institution mold l*e tolerated by the people of Britain’s youngest daughter inj the year 1921. is simply inconceivable.

Yet is is a stern reality that such interference is now contemplated. For some considerable time past, signs have not been wanting that those numerous restrictions on personal liberty deemed necessary hv war regulation legislation, which st-il loxists, although tho war has long been over, are to ho further atietnoiited by some further tampering with out* Jury .System. Comments by- Judges, inspired Press articles .and a* Bill t» lie brought, before Parliament, all te, indicate this

movement. Are the people of New Zealand asleep, or do they want the Dominion to bo* put I,nek tot the conditions of the Middl,. Ages? Our Common Jury of Twelve men is the otil;- s', Ceeu 7r i r,| between tin* accused and a virulent prosecutor or a •Tuilre hardlv rlislinc-iiishablo from )l,p tiros,'enter eveent hv tha cut nf his legal r,d',— :*n<l tin* shape ~f fc, v.-i'a. Are wo going to expose oimselves to the risk of returning L, those times when if a verdict went against the Crown, the Jurors had to lay their account with appearing before the Star Chamber.- or doom themselves lucky if they- should , seap,-. on humble retraction. with sharp w ords, instead of arinrtnoiis fines and indefinite imprisonment 0 The words of the Great Charter “the lawful judgment of n man’s im*,*: -*’ have for- centuries been familiar to cur Empire as household words, and *n Trial hy Jury, and not trial by lb-* officers of the eocerutt’-r Boverr.U" •!. Twelve men of average tinier. standing are at least as competent now ns ‘bev wore in the da vs of Henry Tl. to determine whet her there is suffieia'lt ovidome to satisfy them that a crime l .as been committed and that the party ehnroed is -n 11 fv. TTenee it is that th P English Jury flourishes still in all ,'florist ine vigour, whilst tho inrios of the Continent have ejthsr stink Imo decay or been totnllv abolished. Tt is

bur a few years sim-e all English writer by prnff'eriw an euln"v ow trial hv inrv. would have laid himself nVH’n to a rein a rl:. like Ilia! of Hie Spartan’s to the rlieforieian. who volunteered a lianei'-vrie on IToreules : “AVbv who ever thouglu of finding fault with “TT,rules,” But now Hie fashion has sprung up of sneeering at the decisions of jnn.-s; and we hear of seliemes to giadually trn,nsfer the duty of pr, >lloll u-ing on disputed facts from tb,* jiu-v-box to the bench. Juries are of course liable to error, and when thuy err. their blunders are-made ill public and draw at least a full share of untie;'; but on the other hand we should remember Hie

innvariable honesty and the almost in_ variable patience with which juries f*ddress themselves to their duty-. No spectacle is more markworthy. than that which our common law r-ourp (Old in,mlly offer, of the unflagging -itlent ion and resolute determination to art fairlv and do their best, ;rlii--h is shewn by juror*, though wearied 1' length of trials, which are frequently rendered inorb and inure wearisome I.* needless eross-examiiiatioii and unduly

prolix oratory. Tlie tlmughtl’iil observer of their enduring, zeal in the discharge of a burdensome fiinetinn. must reverence from tin* depth "of his heart the “ IN.-Mvo plain, good and lawful nien hoi,ire turn 111,, sturdy, honest, unlettered juro-s who derive no dignity or emolument except from the performance of their <1 1ties. AYliat safeguard does Hie Crown want that, it does not enjoy under the present system of a unanimous verdict bv a trial of twelve men?

Tin* Crow,, selects the whole iutv panel. It, is not known before hand who the twelve jurors will he. so Hint (hero is no time given for the work of corruption. In addition to Us right of challenge the same as the accused, tho Crown possesses an unlimited right- of exhausting the whole panel hy ex*:*r;«sing its privilege of “stand hy.” \Yhen the trial is over the jury ate dispersed and lost sight of in the mass of the community. Hence they ftro whole acting .exempt from all bias of fear and from all selfish nmliyo to favour.

The people have full confidence in t licit* honesty. Tlie same amount of confidence (whether deserved or rot) would mil he accorded fo permanent paid officials, ami U 's better as I'.entliani savs that iustii-e should appear just than that/ iti should he actually SOTwelve men conversant with life end practical in those feelings which make the minion necessary intercourse, between nvui and man. are far more like- ] v lo discriminate correctly between lying and truthful tongues, between good and had memories, and to come to a sound, eoiiimon-sense conclusion about* dispute ilfaets than any single or lesser number of 'in!elici ts are. especially if that single intellect has been “narrowed” though sharpened hv the practice of Ihe profession of the law.

Knell juror knows that, it is not by him alone: but by him and his Eleven fellow jurors conjointly, that the verdict, is- to lie given. Each juror therefore knows that* if any of 1 110 eleven dilfer from him in opinion at the end of the ease, they must, argue the matter out among themselves. Each therefore watches the entire progress of the trial prepared for nl full and fair discussion and judgment of the whole. There is no risk as in the ease of aJudge of giving way to laziness leadill**; to a. summarily making: up of the mind and hasty conclusion.

To have produced our present jury system hy a unanimous verdict of twelve mi'll, to have unit tired it, and to have preserved it. constitutes the immortal claim nf the freeman of England upon thp esteem of mankind and