JURY BRIBING.

Press, Volume LVI, Issue 10480, 19 October 1899, Page 4

JURY BRIBING.

A writer ia "The Arena" is of opinion that the American body politic is grievously afflicted -with the hideous disease of Jury Bribing. The speculative pushing of olaims for compensation for injury has developed into a gigantic industry. There are pending in the Chicago Courts alone claims amounting to ten or twelve millions sterling. A company lias no chance; ifc scarcely ever succeeds in making an effective defence. A few years ago bribery of the jury in these cases was not suspected. Of late, however, the number of claims has greatly increased, the average sum awarded has also risen, while the certainty of the claimants winning has become almost perfect. These things v are unpleasantly suggestive of the working of a machine that is not wholly exposed to the light of day. It is, in any case, now firmly believed by the losing eide, when very high damages are awarded, or when a company makes good its defence, that bribery is the explanation. There is no doubt of the existence of "runners," persons whose business is to invent a tale and find evidence in support of it. The writer in the "Arena" roundly declares that the accident is often fictitious, and the claimant fictitious too, and that perjury and subornation of witnesses are the rale rather than the exception in these cases. An occasional genuine case of injury is said to be in danger of further hurt from malpractice to make the .case.stronger, and .to increase the spoil for division, and after the gauntlet "has been run in that respect the claimant is mulcted in enormous charges for medical and legal advice, and for procuring evidence. - Damages however, awarded on a very liberal scale,. It ie not V^-

common for sums of £5000 and £6000 to be given, and now and then the company i» mulcted in £10,000. This leaves a margin ' for those who work the machine. The . I "cincago Tribune" has gone so far as to declare that this new business threatens to become * serioua menace to the industry of the country. A Judge has thought it neces- , - sary to say that, s > " robbery and .theft can. " not bo legalised against a corporation with-. -. "out lowering the whole tone of national L "morality, and that the jury-box cannot " loot a company for the good of the needy ,'; " and remain just in other respects." Another - -\i Judge remarks that it is very natural fot ?,- men who are saturated every day of thete' A life with theories of spoiling 'those who have, --- for the benefit of those who liave not, to do a b'ttle levelling up when they get twe chance in the jury-box. Such men, he says, un> - - consciously loot the public, or the quasi* public treasury, for tho benefit of private slif. fering, private want, or private greed. Th« "Arena" writer goes further, and declare* that the Judges themselves do not impartially protect property, but yield to tender or other feelings. Newspapers are allowed to com* -*■ ment in a particular and detailed manner on cases before the Court, and to statements deliberately withheld fvom the jury by the Court. A case is cited in which • . a great paper argued for the plaintiff day ■» , after day. The Judge observed as the in« "■' ■ quiry proceeded, "Someone is trying to push [ this case." It was very .true, and when the" . plaintiff won the Judge remarked that the . verdict was against the evidence, and the . damages excessive, even if the evidence and , the finding agreed. Yet he inflicted no penalty on the offending newspaper. . Formerly a claimant for damages had to prove reasonable care on his own part; for example, that he looked out for the engipe before crossing the track. That reasonable provision is now being dropped out of sight,. A woman who found certain railway gatsi shut got over or under or around them, aoxL ■ was hurt by a train. The jury awarded , -* damages, and the Court of Appeal upheld , '■ the finding. It appears therefore the aboil- '"- L lion of juries would be no cure for the drift. „ - •of the American Courts. The elected Judge* < ; are also infected with the theory that to :---| ► loot a corporation for the benefit of an mdl* - vidual is no injustice. Possibly the great rings and trusts and the manipulations of the railway kings, by which small men'ore.' crushed, have much to do with the spread* - - 1 of this pernicious principle.