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_ that he had so strong an opinion in favour l, ONTARIO LtGISLATU RE, of this measure that if he Were in the Attor. ----2 'grde'git11 pines he should not hesitate . ',. - . . om r ucei . pposition cheers. This Third Path; me It Ihitil &mion, Bill was of 'dar', theoretical, and)if that -7.C".r.TC.T. were an argument against it it would a '"""uti'2'l AsilHM-lv' to every reform introduced 'into the wel,'. on lr, Brc l 4. He could not see why twelve jurors were re- The following isthe conclusion of Monday quired to agree when it was notorious that night's debate:-. twelve judges could not agree, and when After recess sewn of these judges were permitted to de.. , cide matters of fact as well as matters of ACT RESPECTING BRIDGES. law. In addition to the countries , , . ' .. _..-. he had previously mentioned New so P. MO11 AT introduced a Bill resptt-ng . Wales, Tasmania, South Filiiiii, Idle? nudges. Zealand, the Cape of Good Hope, and TRIAL BY JURY. 2trtt, had adopted the principle of this . . till. I, meet t e objection of ex . ll ttttt t e liscussior on . pense, thl,u',j'ecl."fie"i'2'i1 "a: he had ad- . 'c incurstourists"?"in" dressed the House " length upon it last ' . , C' cu te year, his remarks would be brief on the pre- i2o:i,"gg,t,'e, 83",, $120'000 a y ear. If gent occasion. He admitted that there was . , '1," lt C mp 'll' . 0 (even or nine, 24 a good deal to he raid in favour of the or ll ting if" su ctent intstead of 48 as tit principle of the Bill, but all the motions PM?" f e m," Jtigt,'d to. let. this given in its support, he believed, werc Pi? ion o unnn m r regt entirely it the entirely theoretical. While it was a great trovmiment would reduce Ahe number of innovation, there was really no practical luwr'sd so far as critn.i.ntyl trials, were con- grievance to be remedied by the change. i coin}. /ld,"fdt'J,',' which he 1r1ity.et.irouid, lie had a great respect for old institutions,l rfce/.ve e approval .ot tu1y Minister of and unless there were visible evilsconnected Justice of the Dominion. Personally, he 1 with them he would be slow to remove] had the highest respect for our judges,' them Instead of tinding that any evils i _.1'/1. he painted out that the .most eminent had resulttd from the present system of , ?.y.1ty, this whole Dominion Wa8 ttoto. unanimity of jurors, he had found that it nous!) the worst. J?yite of fact, and there was a great safeguard to the administration I had PP many brilliantadvocates whomade of justice. He did not agree with , poor judges. He had no thought in intro. the moger of We Bill in re- ducmg this measure but to do his duty to pudiating the opinions of the judges "it: coun:ry', an1ht now left the responsi- in matters of legislation. On the contrary, inn" 'll it with the Atto.r.tyr-7enertu. it was their duty to consult thejudgcs, and . f, was, 0 course, quite impossible to have to avail themselves of their great cxperi- y/t measuie carried when the leader of the cure, otherwise, they would be legislating government and the le.ader, of thtPppo.si- blindly and not for the interests of the peo- tee,',',!.'!,", 399"" to ie-(oHyy.rrion" crtet5 ple. Our judges had the experience of both of Try It.)_but. the. rtsponsibility of thc eminent advocates and of judges, and if there matter had left his mind. was any class whose judgment should be Mr. SCOTT said that when he last dis-' valued it was the judiciary. His hon. friend cussed this measure he was not prepared to l (Mr. Bethune) had the experience of an able judge how far the country was in favour of advocate with a large practice, and by-and- F it. Since then he had discovered that there bye, no doubt, he would also have the ex- ', Watt a strong feeling in its favour, and he ' perience of a learned judge, but he (Mr. L intended voting for the Bill. ': Mount) would much prefer to accept ( Mr. FRASER said it struck him that the ' the judgment ot .his . hon. friend last Section of the Bill, providing thatajury as a judge than his. judgment now. notice should not be dispensed with except It was a principle admitted by the hon. upon an order made by a judge in Chain- tnembcraintscit that a jury P.fon"' oases hers, would have the effect of bringing Ha: It the tiettrt1",','11l and ittsva'iil their l additional practice to Toronto. ll y o ECO ll "' Us Itrtu? Wa t t) rv ." , I ' q - e banal should be obtained for every class of l Iniihiiiriuiifaln1 "l' Ile, 'tl 1tt'a/"i:ggtet,- r this Bill to bring were practice t? To. I . , i . ronto? If he does, he had better so plainly. a Jury, was the best, according to the particu- , , , I lat case. The principle ot the Administra- Mr. P llAbEh meant to say that would be tion of Justice Act, so far as it related to this i the tif/yt of the siction, and, as a country matter, was that the judges could better de- . Iychitio.tyr, .lte did not Win" it would belle- tmnine what Catics should be tried by a Enable. '1 he Jury notlfe, y struck out,should judge and what byajury than anybody else. . [Kristi-"ch out on application to the judge in At that time the House had sufficient confi- NI." Prius; that mode had been found I tieniw in the judges to leave this matter in to work well, and wa?.lys expensive than ' tlwir hands, and he M, tlmt the the-mode proposed, which would necessitate I dithdence with which they had assumed 'v.vitit of the parties to Tor.on.t.o, Cases ot , the duty had now pretty much passed away, mama" and of account, he believed, 9TH)" l and that they were exercising wisely the body would prefer to have ti ied by a judge, , discretion thus entrusted to them. 'llic as one person could better deal with such l experiment which the country was now cases than twelve. He hada great respect f making dvserved a longer trial than it had for the Jury yijt.cm., and he had not been i received (bear, hear), ever. if there was any PM? to see 1etl.'is tried cases letter than doubt as to its utility. Perhaps after a juries. Applications for Jury notices to bel little more experience the House would be "NICK otrt had been made on the site itself to decide what classes of cases ground that . tWelve sworn. men should be tried bya judge and a jury res. would net. give a true Tc,'rd,i.ct,. a pectin-1y. He would be very glad to meet ground which would wipe.out the Jury his hon. friend and others who supported system altogether. The Bill did not propose this measureinaCominittceanddisc-uss it but tyet jurors should be summoned m any it wat too late to do so this session. Gr.. different way from what they were now, nor mover ofthe Bill had, however, accomplish- lid it propose to reduce their number; i.t ed a good deal by the discussion; he had Simply was intended to do away with unt'tn1.. iotiud supporters on both sides of the 1iouse. inityz But the. effect of this Bill would be Win-n, brand-by, the hon. member that if three jurors held out against the occmincd a responsible position asa member other nine, they would feel that there was at a Government, he might have a different no use t.tf t1.trther discussion, y the nine understanding on the subject than could bring. in a verdict in spite of them. he Lad now as tt private member. I The majority could say to the three, it: hoped the hon. member would not press _ u If you three do not agree to tt vcrdict, We the measure until he arrived at such a posi- shall just 't" for an hour or Mr, and get m tion, for Which he was eminently fitted and avcrdict w,i.thout. you." The result would ttliielt he would fill with credit. diiir'ii' ' be that ditscutoiou would be trtitled, the Mr. B LTHUNE remarked th t h l i three would be coerced into ,ag.reement.wi.lh prefer the Attorney-General's t'll'Sl1nr,t'f,,r the nine, and there would be unanimity the Bill to his tlattery to himself "All h: , after all. He could understand reducing had to say with re terence to his remarks was 3 the number of a Jury to tune, but there could I be no possible reason why the verdict of