THE JURY SYSTEM.

Press, Volume LX, Issue 18096, 11 June 1924, Page 11

THE JURY SYSTEM.

TO THE EDITOP. O? "THE PBESB." Sir, —I see our old and decrepit friend has again been called upon to function, with the usual result, as evidenced by the heading in your issue of Thursday, June sth, which runs, "Jury's Verdict Upset. Seque v. City Council." At the Eoyal Commission on Divorce, as reported in the "Observer" of February 27th, 1910, Mr Justice Bargrave Deane, in answer to Lord Guthrie, said: "He thought greater justico was done by judges than by juries. When he was at the Bar, and was asked whether they should have a case tried by jury or not, he always considered the nature of the case. If he had a thoroughly good case, he would try by a judge; if it was a very doubtful case, he would advise that the trial' should be by jury." Quite so. 1 And before the same Commission Sir John 'Bighorn, replying to Lord Guthrie, who asked: "What is your view of the English system of taking a considerable number of cases with juries, and the Scotch system of taking them before ajudge?" tho answer was: "I infinitely prefer the Scotch system. I think more injustice is done by juries than people know." The Scotch, at the Union of Parliaments, entered a strong protest against juries in civil actions, "but their opposition was overborne by English lawyers. How is it that an institution which has been abolished by Continental Europe and condemned by the Scotch is acclaimed by English lawyers as the palladium of our liberties? During earlier times the jury system had abundant justification, but in the altered circumstances of to-day it has outlived its usefulness. Why not, then, discard it. at any rate in civil actions? —Yours, etc., CHARLES R. CLARK.