The solution of the matter so far as the judge is concerned is to give
him greater power. Let him be absolutely responsible for the conduct
of a case in court. His position should not be that of an umpire who
remains quiet until a dispute arises, but rather that of a head
enquirer into merits, assisted by the two lawyers and the jury.
IV
THE ANXIOUS JURY
The main characteristic of the jury is that it does not want to be in
court. The name comes from the French word _Jure_, sworn, or the man
who has taken an oath. There is probably no reason to suppose that the
word is derived from the state of mind in which a juryman finds
himself, nor does it mean the words he has expressed with reference to
his duty: more properly it is the men who are sworn to do justice. The
implication of the word serve is that there is some punishment or
penalty attached to jury duty. It is not regarded as penal servitude
by the average man, but it seems near to it. While he is serving, his
business goes to pieces, his wife misunderstands why he does not come
home to dinner and his whole life is disarranged. When a man has
served on a jury he gets a discharge paper.
Jury duty is one of the obligations of citizenship and its highest
duty; at the same time it is one of its privileges.
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