Show THE FAULT NOT IN THE SYSTEM THE subject of either abolishing or of reforming the system of trial by jury is being widely agitated by many leading men the theme was lately discussed in the columns of the new york mcdo and express which cited a case in illustration some time since in it a criminal cue case judge horton of chicago took the examination of tal esmen for fora a jury into his own hands deciding upon the question of their competency regardless of the attorneys in the case the defendant being convicted in the trial which followed his bis attorneys made a motion for a new trial on the ground that the judge had exceeded his powers in interfering with the selection of the jury this motion was denied the court holding that the defendant was guilty and that the abe jury was entirely competent in every respect in rendering yale bis decision judge horton took out occasion to say are we not fast ap if we have not already reached the point when the trial by jury is 18 itself bet being ng placed upon trial at the bar of public opinion if 11 this be so it is hoc bee tuse luse of the abuse of trial by jury and not because of any aby error in the e principle upon which the alie trial by jury is predicated lu iu the last sentence the judge truck struck the keynote of the situation lt it is adt the princepel prin cipel of trial by jury that is at fault it is the innovations upon it that cause the mischief the jury system is in precisely the same position as the national constitution that sacred instrument defines the principles of free civil government as clearly as human power can give them ex in In language guge but when its requirements require mer to av are ignored to that extent it fails to perform because not permitted to do so its exalted function which is t to preserve and protect the rights of citizens and maintain malitta tj V their equality before the law jaw When the principles of the jury system are set aside for the attainment attain orient of any purpose it is folly to ascribe the direful resu results its inevitably following to the system itself they are simply caused by inroads upon it consequently no system however perfect to is proof against a lack a A of honor and morality in the people especially the governing classes in utah there are virtu illy only a few shreds of a jury system remaining ma ining its principles having been notoriously ignored but this is no fault of the method it has merel merely y been almost wholly banished from local jurisprudence at least that is the way we view it |