Note 32 — Chapter LXXI · THE HISTORY OF TIM THE SNAMMER. (continued 2)

It is generally understood that the Judge should be merely an expounder of the law affecting the cases brought under the cognizance of the court, and also a means of refreshing the memories of the jurymen by reading over his notes, or the salient points in them. At least, to our thinking, a Judge should never allow his own opinion on the point at issue to transpire. If he do, he is almost sure to bias the jury. But, unfortunately, nearly all the Judges in this country act in a dictational manner with regard to juries. They direct the verdicts returned. This assumption on the part of the Judges of the privileges and attributes of juries, renders the latter perfectly unnecessary. For ourselves, we believe that trial by jury is in these islands a mere farce—an idle mockery—a contemptible delusion: the Judges are the real juries after all. And yet we boast of the institution! That institution would indeed be a glorious one, were the Judges to discharge their duties properly: but, in nine cases out of ten, they do not.