The Daily News SATURDAY, JUNE 23. TRIAL BY JURY.

Taranaki Daily News, Volume XLVII, Issue 8140, 23 June 1906, Page 2

The Daily News SATURDAY, JUNE 23. TRIAL BY JURY.

Tiiul by Jury has always been considered in English-speaking countries as a great safeguard against injustice ami oppression. A jury is supposed to express fearlessly and impartially suck a common-sense view of the evidonce as would bo expected from a general body of practical men. Confidence in the ancient and trusted institution, however, will be shaken if something is not done to correct some of the abusos to which the system under present conditions is liable. * , * jj. *

Thesg were apparent, it struck us, in \ the Matapu arson ease heard at New I Plymouth at the beginning of the week. Punng the hearing of the case the men on the jury were allowed to roam about at will as soon as the Court adjourned and to talk and discuss the points of the case with whomsoever they liked. It was possible for their to bo " got at" by either side interested. We do not say they were, but any of the jurors was liable to be influenced by any intermediary. In the first trial, as a matter of fact, the judge, in consequence of what had come to him, warned the men in the panel not to discuss the case outside, or talk with any of the witnesses, or with persons repi'psontiqg the Crown. He added I that it was necessary for him to utter this warning.

Waesing jurymen is no good. All men aro not discreet, It is against many a man's nature to be so. What should have been done, and what should be dqne in all cases of a like nature and importance, was to have kept, and is to keep, the jury away from outside influence altogether, the same as Is tfone in a capital charge. In such cases jurymen should be looked after by polioemen whenever they leave the precincts and purlieus of the Court. Then it would be quite impossible for anyone outside to attempt to influence jurymon in any way, and there would bave been no necessity for the judge to have uttered the warning ho did at tho first trial. This kink in tho system is of a most dangerous and pernicious character, because it strikes directly at tho administration of justice.

♦*■ * t Then there is the " challenging " process. The holdors of this prerogative seem to exercise it to the full in " passing out" as many intelligent looking men as they can, and, acting under the old Roman adage, "Vultus est indoxariimi/'goforajury the majority of whom appear least able (o grasp the facts of anything intricate or involved, or requiring care, sound judgment, and discernment. There are, of course, good men on pretty nearly every jury, but the leaven of sood men in the general run of juries would be greater were the powers of Crown and counsel altered or modified. The " challenging " privilogo no doubt was meant to protect accused and Cr.uru fro 11 parsons known to be, or believed 'to be biassed, but its mo'lern use up. pears to be lo prevent the inin of reparent intelligence rca-hiir,' Hi,- jury

box. We would make li olj'jg-ito-y on the part of the clialhiiijj.T to sab.ml his reason-for obj-ict.ng to any pir.y to the Jiuljjo of liie Court, in whose power it should bo t« su:<l lin the ob jection.or otherwise. * * * *

TiiEßii are th.ise who w,mM d i away with the jury system an.l in its place have eases tried by a Bench of judicial experts. This course has been consistently nilvocnted in many quarters, owing to the defects of the jury system We, however, believe in the jury systern as an institution that is an integral part of democracy. But wo want the defocts removed. _ .W» TTiiit to seo the absolute vorifet done away with, and ISTuithing raoro reasonable substituted —say, a four-fifths majority. Under present conditions, one man, through obstinacy, ignorance or bias, can hold out against the judgment of the other eleven, put the couutry to considerable expense and purposely defeat the ends of justice. This should not be, and the sooner the twelve-twelfth majority fetish is knocked ovor and buried deeply, and the other defects remedied, the better will it be for the proper administration ef justice in a land that prides itself upon its democratic institutions.