THE WALROND CASE.
[TO THE EDITOR OF THE " SPECTATOR.")
SIR,—Your very interesting article in last Saturday's Spectator upon the " Walrond Case " recalls to my recollection Baron Bramwell's evidence given before the Scotch Law Commission as to juries. It certainly goes to the same conclusion which is the natural result of your remarks.
In Baron Bramwell's answers to Questions 11,999 and 12,000„ he enumerates the cases in which juries are generally or always• wrong. These instances are nearly all ones where a legal prin- ciple comes in conflict with the sympathy, prejudice, ignorance, and the " what-they-think-ought-to-be " fancy of the " intelli- gent " British juryman. A stringent critic, who refers to this evidence in an able article on Vestryism, has written that "few thoughtful persons, and no innocent ones, would not rather have their case tried before a Judge, unfettered and unassisted by his twelve chance assessors, yet only in the Divorce Court are parties allowed to make their choice." (" Political Problems for Our Age and Country," by W. R. Greg.) Every legal mind and every reader of the papers know the absurd decisions so con- stantly arrived at. —I am, Sir, &c., T. B.
Previous page
