| Show JUDGE HOWELL ON OUR JURY SYSTEM I Able AWo Address Addren of Jurist Before Befort Goo Con Club of Ogden Pres Pm DEFECTS OF METHOD DEFINED To 10 Obtain U It I to Is 1 Unit MM Muil I te be 8 TrIa c Oct 19 Before a n a club at ul church last evening eve u Howell U j an Sn n as d dh h on us Out Ou ut Jury J cry In H Ae Jury Inn system m It ft I and aad d th He alec alo bowed how up II th the IM weak at points i 01 r t the Iho era jr l loin n chief among amoa which hi hL thought I wa was the Incompetence of ot many Juries Juilee to weigh wh the I h evidence before them hm I e em In iti civil sult thc doted defect being due 41 to theli not being In specially trained tot 1 the thc th work they an ar al called caU upon u on to do 40 doIn doIn In beginning hl hi his address Judge Howell traced the history of nf the I h Jury Jur ury II C Morn Im It 1111 growth and work workIng workIngs Ing Ings h continuing he hI 11 iid Id Having now discovered Jut Just what our jury system In is 11 II like If kp and ft nd having hA vi however Imperfectly traced lu Its It growth m n n ne II to tn nho show W the I hI reu r reason n for HM its It II ext exist rill enc t In II lie Ito torn form we 11 now W have It let tot lit II next consider vh It I Ia the bt beet moans miana Ih could be ho It adopted for the determination tIn of ot the thO th question of fact which ar are It submitted u t It In tho those thUM caseto cases case tn to which It li I applicable At AI the outset we I mut realise of ot course that It it Ii I Impossible for tu tuI to any all longer rd the Ute Jury a iii aa Hw tim bul huh bulwark want wark of 01 our liberties t I have already pointed out the thc I ilL reason which actuated the Ib great al commentators to look upon It II n II its uh stich Jurle had not in III infrequently infrequently frequently In moment moments In the history of ot England En taken the Ihl alele alde td of 01 the th people n it I rut a hostile king but In Ina Ina Ina a democracy lilt life our cars where 11 the people are an the source of all power they ned no such uch Instrumentality to 10 protect from themselves JURY The me only teat tt by h It ran lan Stand tondI I is then than th whether or nut not It serves U to I ome a anar us near nar doing exact justice a as U li Is I portal poeM tale ble In a human tribunal and viewed 1 In inthis this light not only b In this country but butIn butIn butIn In It ha laM hue been subjected ted In our own on time tl to much adverse adver criticism For Kor ln ta Baron on en ex el examination before tb tIm tile law court cUlt corn com Scotland said Mid If It I wanted wall led nothing but the lb truth In 10 a oae t T I 1 ahi prefer th the vet diet of t a Judge and It Menu isem to tn me to doubt dot he ba I is Ute the In an action again IIII a ti railway raU wr company they the Juries go 10 Wrong eros in notions action by n i gentlemen In 10 question whether ant arti article cle rl cl supplied were ware Nt necessary to II in itt In Infant lint fant or wife they are ure sure to K IC go w wrong rong In action for foi discharging 41 ti n they tb generally go If 0 wrong In notion lIona lIonato aa as asto to malicious prosecution they are ai ii airway 1 way wrong I or Of UTAH JURIES peaking exclusively for tor or our own Ju Juries is rise ries nut not knowing what may be true tru of other I am La they the do not merit one on accusation which U Is often otten made against them I 1 am fully con convinced vinced that there them has ham never Myer been een a s corrupt jury In my m court coHrt It may ma be that Juries Ju Jun have erred a as w C all do dobel being bel human but bul It has bI not been th the r of t corruption nor 1101 ha haa has It been because they have bave not tried conscientiously to perform their duties dut but It If they have va made macle mistakes mistake It II was waa be because because cause of ot their lack of ot ability to do otherwise I have already mad md com corn complaint plaint that some jurymen have bave sought t tIn In my ety opinion without Just Jut oaSis cause ca to shirk tb their lr duties dulls but I am m Just aa as a will well 11 thoa 1 lb who ha have ban assumed the Ute burden of or I have brought to the performance of or their duties dull a sincere desire to do ISo justice THAT SWAY JURI JURI It ha halt frequently II been claimed sad and It II ItIs itis Is Ia claimed hurt bar that juries jun are often otten swayed by b prejudice and passion panton es IS especially In III cases a against corporations and such la I the thu th prevailing opinion or ot the th bar yet In III three years ymara 1 of experience on the Ibe bench 1 have ha only thought It y to set aside Id one on verdict on that ground and hays have only reduced In It amount three There orb orba l la Ii Iia a feeling vety vet Y prevalent now that tnt cur certain 1 curlain lain tain lance la corporations arm are dangerous to the community because of their tr fla flagrant grant buM abuse of their pow power r and their reckless disregard rd of law taw but of ot otlO lO the proper method of ut curbing them theft t Is Ie sot ot t by It rendering verdict against t these them m In III litigation between them and Individual verdIct lr which are not Juat by br the law la and aDd th Ute the evidence The lb ideal tribunal I no respecter of person e If It litigants are ar not nut be before lora ion th the law a fundamental principle of food good government I is violated d awl and I 1 think that our jurymen are ar enough to 10 realise 11 It and to so act While I do Iu not think that thaI In actions action of 0 this character jurors Juices 11 ar sa actuated by br prejudice I do think that In an action CllOn bet e n III widow mud and Id her bar children mi ott the th in II stir d daDd sad and a corporation on OS the th other ul hr between een any a Individual I and a it a lice the natural sympathy cr cit r th jury I to is with the Lb Individual i 1 hn ott n heard heerd counsel coUII I tar rot railroad frankly sy iy itY I to JuL m off UV tn sits bench that thaI he to h fda I with the thi Ut plaint plaintiffs iff H HI I often ae do ll it Ii ic i but lout human arid anti 1 why o hy by byth I Ithan than th should MOU we ta blame b the thc th Jun JUI j r It n nT True T It Is Ia thuA u iii Ih Ideal ti a oil IId net Imet II be subject to tu su h tc tiu tu tut tt U lit ill U Ii that t I J sek ek II not to lo be bo t o d U Ii II trying the cams rase a hui hut IK ic I hI c cany I IMY any MY to timi the Ih t Pt i nj i ido Inot do 4 not also try t Instructed a ut Ih t al always tI 11 ways way art are so it tu it t do 40 and HM n nthan then than to that I win a III ll not tic sW u lI Mod cI M as will welt as u other hum LiHi It I Is III said MId that judge would ull n tot t 1 l i b bt t tu itt t such auh Influence b ba al UllAr legal I training but we a mini i ibur that tUt vett n 11 Judges judge Ju am etc r hunt hum m cn Ml that tIaIa While iu it II judge d ci I id 11 IdI I of law Ia h I IV M in nt i V nor am would he it h ku ial U 1 a tie of f fin fact upon U suet such ud l hilt blat t Would 1 h II he or r I tiny any an t Ih lice mm In is II Inding on an us lu issue of ut ta fac t i ic icI MN II bl to eo I lei 18 el what I LIt UH us that I r it K d I I rough on us of 01 Ui ue the greatest of f K i huh judges JU derided 14 that r ic nh I r rr were 11 r a K n tic III n I front nt ta hi the Ih idi i au Ml Hit was 1 a H I c r and lobules sau sauce u I or OF orTh U J I It H Th The tte real reason em a h It in III it m III tt ii c cour I our oar t tury IlIr hI u I n l t I t II beet I Ut dJu Hi lit fu to rul i t of a vi oh T eLlis whet slit 1111 he I 11 rm fat t n cc aa Se they U usually II at i e i is t I ht I I taran are ar I think u l y ii c it 11 to c l fl teb ad a us they in ul l 1 In iii i ItOh n cages Iho thit reul real ii bit e hh i 11 Ih I Mill It t slot not i co an a ticy by ty in Of III their thur tit In m n Dialling lcd I and i It II in their iMn ik tall h IW w Ih questions Iu li Ic I d ci dM 1 M d If It f i v did know t kist hat Ih Ihor t ht i ue i I Inor nor or i un n tin II u of t their Ih II iu LiL i f t i pi 11 tin tic ni 1111 Ui sui M Ici n I Iti of or ti th the Ini I iu i cOti l n theist ly icy h th III the Linn IOn cr i iI I Ih the hi fail fast I o ili IM ta I l T Ill tI 1 ll il hI hIt ii i of t l I sc i I t I c tl It ui I i M l 1 i i id IJ d 4 J In I I I I t 11 i t r i I II I li Ic I i c i ui t 11 I I in o I t n I ii u I I f i i i i i UI tM iu LIW tue IJ 1 way simple le but bul It II In Is eminently true of many mall civil actions action LACK OK OP I TUB TIlE In other words word It iron Pm to me that bat the real 1 defect de rt In our Jury 1 I ii that they are re not trained for forthe forthe forthe the work they the arc ar culled upon to 10 do doIn Jn In no n other fiber sphere of nt f life lit do we ex ox expert s pert men man to d do de that thai which they the hAv not been taught tau lib t to tn do dc d We WO every everywhere everywhere where herr else 1 recognise rec ls th tM the doctrine that the worlds world work wr cannot be done clone with without without out special preparation for special du tl tire s You Tou w would uld not nol think of or calling caUIn In III your neighbor however hover high an opinion you might have hap ot r him bin to set met meta t ta a limb unless he t was wae wa a skilled sun sur surgeon ur geon poll How thou then tb can you think of call can callIng canIn callIng Ing In men mn together who have had bad no training of any ny sort In the Ih art it of try tryIng tr mat Ing lawsuit an anti expect them to ar arrive rive riTe at 1 perfect revolts But Bui It la Is not ot nouh t to say y the prec PrIS ent jury JUI ur system I II is not the th best beat What other otha method fin you propose It ha hal baa baan been n suggested that the judge try tr th the t facts fact in all ali cae ca a h ha too doe d In some mome deciding the law la of nt course In tn them all allbut but the trouble with such inch a ay iye y tern tem would be ba that it too much power In Itt one nun an end and besides the working together of different mind nd in inthe inthe the th decision of ot I ii always beneficial It has h ha been proposed to abolish appeal and have several Judges judge try the faN facts and nd the law but that Is la too radical a change to expect It its Ita adoption anti and In the trIll trial I of 01 casts case ca the technical habIts habit of thought of professional men mell need ne the Ib leavening of 01 the common sense of ot laymen MEN FOR FOK Olt What Whit 1 I Is Ie to cheese e In some acme either etther ty t appointment of r ire It judges Judge or lOr by b me other or 1 by b a It numo num r if d f suet nin nl whoa wh Dullness business It woud be t I Itry try 11 all of 0 that t be befar for far tint I h court and ud devote ote ali ab their I till to 10 t It Such uch a ft system tam lia h tho h merit inuit of being mor more economical than th Ih the Jury system which 1 I is thu tho non r costly that thaI could be devised It would be i boon to those tb Mist busy men mea who ran can ill III afford to leave their business In or work Your and even v en n when they do df ate are re die III di tinted tint ted from of he c case e ethey they are wi trying by the cares area on OD the out sl if lt good men were wen eh hey hy would soon lK l l me expert In 10 their work for thi th i of us u who wI have bo laid had ox cx with juries junks Ju reallie realise that the tho loer they serve Herve the more they Ibl are Sr ar Tho trouble la Is under the th present system tm the term terms ar are mat mad short bort In ord to lessen the of ut o serving 1 and n 1 for tor that tbt very reason no ito r learn something ot or tha thi Ih nature of th their lr duties dut than they the are ure discharged dl bared from further It will be observed that tbt this Ihl l I is not Wt such a radical change chancre It ft I stilt mil till the Ibe jury jar Jur but an improved method of r t ting Ing II Its It member Hut But t the th ElicH und inI wo hays have thir laws la and d cut I Int ft f fn n nt t their blo l are re slow elow to rs vs We Wit dort durt rare care to In perfecting a system If It II works worb fairly well veil a as It II l is III The genius for govern government mont ment men t of the Itt English speaking peaking rca race consists In adopting aid methods method to tG new condition conditions So o with tile the jury It was w well 11 adopted for the purpose for Cor which It was wan created and though Iho con condition conditions have hate changed and nd It Is ta per hap hips rout rot 5 o well 11 adapted now hOW still as asI a at I t have said laid It I remittable remarkable how well It work works Sec 10 V because becat a L judge Jud or two may think h hI be could Improve It those th of It vu who are not exempt e or ot have hav havno no legal Ial exeunt a wil doubtless have plenty of ot opportunity to serve up a juries Juri A PATRIOTIC ONE When MI il d f It if VAU yoi hw hiv not nol al ea y j u 1 il II I I think agre 1 o lib ith mi m thai hat yo nu nave ba hail had I a valuable e ro i inI en nI e you will be r paM fur rr cm th the 5 rl ri riAl B n Al you anita have hav mad yn you flU will ln c cour our vIsion your Ul knowledge of ot th In h if tt r faIrs fair of nt Hf lit life will have d 3 i r with the Ih lii list II st tot f r will h hI hay e ii r 1 I c ml WI 1 you 0 II ill III feel inure 1111 ni ihm I h ni II 0 I Ino Ino no bet Ih t you ti 11 nn 1111 rt cc f the th t Ial vl 1 11 intire In lt it a if Ifs IM 11 I much In I till u I r 1 II th Ih 3 1 It II is K th I h l I I i ie f r fe e t t Eni fi o 1111 to 10 pt t 1 ii I hI f fan an 55 tnt h u 1111 bt rot for th Ih ml nl e frn rn 11 nt OIl ci I a to In hint i r i I form the tho III service willIngly U Fn Fc F iheI I h I rp hf hr free r i 1 it II win wilt be Indebted not to tn tim 1 hoe 0 h thInk nil of 01 1 and sni I t I t dm lUll hl l ln end n would Hould rt their IoU hut hutto I to 10 those thorn who think only nl nf or th It of nt th their lr country tint nd lId to In that ml v o Mild uld Iva |
