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four, the historical limits. But twelve was upon the community, through the extra fixed upon more than five centuries ago, jurors fees and the loss of his time. But and to compel parties in interest to accept when we consider the great loss in case of a the verdict at the hands of eleven men cer mistrial, the loss of time suffered by the tainly gives our legal minds a shock. If District Attorney's office, the counsel for the parties consent to it, of course that the defense, the judge, jurors, witnesses,, alters the situation, and in civil cases it is court attendants, etc., and the loss of money probably sufficiently satisfactory to leave thereby occasioned, the time and fees of the the matter in their hands. If they are will substitute juror seem certainly small in ing to go on with eleven jurors they can do comparison. In the great majority of cases so. It is ordinarily as fair to one party as no extra juryman would be needed, for it is to the other. where trials are short there is little likeli In criminal trials, however, we meet with hood that any of the twelve will give out. a real difficulty. The jurors generally pre As the requiring of substitute jurors to fer to acquit, and this is particularly true serve would always be a matter in the of those graver crimes, murders and the like, court's discretion the practice would not be which are usually the subject of long trials. abused. It needs no argument to prove that the The more jurors there are, the less chance there is that the verdict will result in a newspaper is an unqualified evil, in so far conviction. There seems little doubt that as it affects the trial of crime. Since the those on trial for crime would seldom, if abolition of public executions, it has been ever, consent to the continuance of the the policy of the law to hide all sensational trial with eleven jurors, and if the matter details connected with the punishment of is to be dealt with at all, it must therefore criminals. The object of most newspapers be dealt with by some statute which shall is just the reverse of this. By picturesque provide a compulsory rule or leave the methods they seek to make their readers see matter in the discretion of the presiding every incident, from the conception of the crime in the brain of the man on trial, judge. The writer suggests that it would be ad down to the jury's verdict, and the crime's visable to pass a law that in cases where it punishment, if there be punishment. Con seemed probable that the trial of a crim sequently newspapers must always come in inal case was to occupy a long space of conflict with the courts. They are, how time, the presiding judge should be given ever, here to stay and we must meet the power to require that one or more reserve situation. We cannot curb the freedom of jurors should be impaneled and sworn with the press or prevent the public from reading the regular jury. These jurors should be accounts of crime which ought not to be treated like the other jurors up to the time published, but we should recognize these that the jury retired. At that time if the various dangers arising from changing so first twelve impaneled remained intact, cial conditions and study to minimize them. the extra juror or jurors should be excused. While the influence of the newspaper is If, however, any juror during the trial be subtle, it is very strong, and may easily im came incapacitated the first reserve juror pair our trial system almost without our would be directed by the judge to serve in knowing it. For this reason the subject his stead. It is true that this method of deserves the consideration of the Bench and correcting the present unsatisfactory condi Bar. tion of affairs would be a certain charge NEW YORK, N.Y., March, 1905.
