Show JUSTICE DA DAVIS lAVIS IS ON OX ENGLISH J TRIALS IJU New York Tribune Justice M. M I DaIs DaVIs of oC time the Now York supreme court is impressed with the swiftness swift swift- nl ness s. s C of or justice in dealing with criminals Sit Sit- ting on tho the bench beside Justice Darling in London he saw two criminals in a case that would have ha been sensational sensational sen sen- in this country countr tried and convicted in six hours The jury jUl was selected in a few minutes In New ew York it would have taken talen at least two weeks to obtain the time jur Jury an and the time trial would woul have lasted probably six more mor This difference between English and American criminal trials is a commonplace Justice D Davis Dis IS thinks it is due to time the extent to which our rea read the papers and so make maleo up their minds s in a advance ance and to the abuse o of time the appeal system here which leads coun counsel cl to waste the tho courts' courts time timo contriving objections an and la laying ing the time basis for appeals These are arc Important differences but thero there is another another an an- other perhaps still more important namely important namely that which springs from the relative position of judge and jury In InthIs Inthis inthis this country an and in England Englon The English criminal judge controls the tho Jury jUly as our j judges do O not and it takes the law from him As he ho occupies a n. position position po po- of or greater authority and dignity than timan here the jury there is subordinated to an c. c extent tent unknown even inconceivable in this timis country There Thero Is no made Jury law Jaw in England Juries have no such notion of oC their functions as American juries jurics have This difference is shown In iii tIme the selection of or juries there and here In England it is assumed that a juryman juryman juryman jury jury- man will lii do his duty taJ take e his law from the judge an and decide upon the facts according to his Imis own conscience I Here c the time contrary is assumed Time The freeborn American citizen is supposed to have extra legal notions or of his own to put into effect In time the Jury jUr bOx H He is expected to give vent ent to his Individuality If IC he has a personal belief against st st. capital p punishment ho Ime Is exi expected to go into tho J j J ti f J j ua lio thinks ks It Jt tto to be bc no not It cry Is asked In capital cases casc caseS if c he lie has an any objection to capital punishment Wo ye doubt if It the tho question is ever eer heard hear In English courts Th The English Juryman is expected to subordinate his personal beliefs and crotchets to the declared de do- e- e dared policy of ot the state We Ye have to con conduct a learned Inquisition to find out what Idiosyncrasies arc are getting Into the time jury Juno box The rhe English do not They have o no rio because we treat jurymen as asIC asif unwritten law We Ye have of or all wisdom an and amid our if IC the they were ere the time ultimate source bo box with the system permits them to too go Into the jury jUl but their own notion that they are arc bound by nothing crude and sentimental conceptions of justice This state represents compared with England only half the tho American tendency to exalt the juryman and abase the time judge In a number of or the states the jurymen are judges of oC the law as well as fiS of the hc facts and amid the Judge Is a dignified nullity This democratic notion that Justice cannot bo be obtained by an enforcement of or time thc laws as the they stand unmodified by the time jurys jury's feelings results in the sentiment public an and capacity to Interpret in American introduction of gush and sentimentality Prodigious efforts are made trials s unknown in England emotions emotions- Our Out trials ten tend here to play pIa upon time the Jurys Jury's to effect as one English ligh observer said of or a recent famous Itis is this fundamental fundamental fundamental fun fun- case casc time the amateur Justice of the mob It far our great trials difference that protracts beyond the duration of English cases this elevation of the thc Jury jur at tho time expense of the time Judge this popularizing or of the trial system Wo Yo might improve our trials by by- giving the time trial judge juge greater authority and Independence of English trials ence but wc we 0 cannot have ha the celerity logic without their subordination of sentimentality to changing the time temper of ot our people |