The Waipukurau Press. Friday, July 6, 1906. TRIAL BY JURY.

Waipukurau Press, Volume I, 6 July 1906, Page 2

The Waipukurau Press. Friday, July 6, 1906. TRIAL BY JURY.

“ If I were guilty I would prefer to be tried by a jury ; if innocent, by a judge.” That sentence (with which most people who have had experience of the work of law courts will probably agree) really amounts to a very severe indictment against the strict “ justice ” of the trial-by-jury system, notwithstanding that that system is regarded as one of the greatest safeguards of British fair play. It may be that the jury is not as necessary now as it was at the time of its institution because social conditions and the general control of Society have very materially altered. The privilege is one, however which no community would be prepared to readily part with, because of its justice - loving associations. In small communities, where everyone knows the other and personal interests are interwoven, it is very difficult to secure a jury entirely free from bias. Still we believe that by far the larger number of juries endeavour to do their duty conscientiously. That they are not always allowed to do so untrammel.el by improper suggestion was shown a few weeks ago by the exposure of some professional jury “squarers” in Victim. In the case under notice it was shown that the two women implicated made the tampering with jurymen a means of livlihood, and boiii were promptly punished by imprisonment. That they were subsequently released on the strength of a legal technicality does not alter the fact then made known that the judges are determined to suppress tampering by every means in their power. The Melbourne Argus, in the course of an article on this subject, says that the methods em- 1 ployed to sway the verdicts of juries may be put into three classes, i.e., threats of physical violence, bribery in money or favors, and appeals on sentimental grounds. It appears, happily, that threats of bodily injury are of very rare occurrence, and, if made at all, are in such a form as leads to prompt exposure. A wildly-excited relative or friend of the accused person may go up to a juryman, and say, ‘ I’ll break your neck if you find him guilty”; but the result is not Lkely to be successful intimidation. More likely the outcome will be, as has been proved, that the juryman so approached will complain to the nearest constable, and the person who used the rash threat, now penitent and apologetic, is promptly brought before a magistrate or judge. A shrewd police officer, who is in a position to “ know all about it/’ says that for the bribery of jurymen “ hard ” cash is invariably used. Sovereigns or bank notes (not cheques, of course) are preferred to property of any other kind. By far the more common mode adopted to bring about the acquittal of a person charged, or failing acquittal, a disagreement, which will not allow an adverse unanimous verdict to be recorded, is the “ sentimental tale,” as it is termed. Certain women go to the court, and seat themselves on the forms where the waiting jurymen find accommodation. Or they move about the corridors or precincts of the court chamber. They find opportunities of exchanging remarks with a “ likely looking,” and seemingly soft-hearted man, summoned to be a juror, and lead the talk up to a particular case. Then comes the “ tale.” “ My brother” or “ my cousin ” is to be tried on a preposterous charge. The accusation is cruel and unjust, and “ mother is at home, almost on her death bed. If poor is found guilty she will die, and we will all be tnrown into poverty and disgrace.” To this are added some plausible details of alleged facts in connection with the case. The “ tale-bearers,” whose demeanor is quite in keeping with their decent

and modest attire, thus try to fill the juryman’s mind with a strong-ly-sympathetic leaning towards the accused and the accused’s relatives before he goes into the box to try the case. The women “ work ” as many jurors in this way as they can. Discretion and well-simula-ted sorrow are nicely preserved right-throngh.