The Statesman.
London, England, 1820-03-09 00:00:00

+ ~' ~IL .

GOLDEN RULES FOR JURYMCN,

IT SIR RICHARD PHILLIPS.

The obligation wi.;eh is imposed on all
I:ttblir-
•piritetl persons to give circulation to these cardinal
maxims for the 4 of Jurors, is rendered nesseifest
lsy the ocoaseretices of almost every Term, Assist., and
!sessions of the Coorts of Law; but tno ruses oh's+
lodive 'securers', may he cited as proofs demonstrative of
this doily : a pees,,, who had been indicted for a ra-
ids.' utience, was put to the bar of the Ohl "Wry, be-
fore a Jury drawn from the intelligent Metropolitan
County of the Empire; hut rircninstances having arisen
to induce the Prosecutors to withdraw the Prosecution,
these were publicly explained, and no evidence what-
ever was addner.l. The Jury having been sworn, were
howeter called upon as matter of (brio to give a verdict•
tor which purr\ e they consulted, and to the horror of
Frrsent, the Foreman turned shoot, anal in due form
rroutousiced a verdict of titILTT ! The impropriety of
the decision was instantly pointed out by the Judge,
when the same men re-consulted, anal the l'oreinan re-
pronounced another verdict of Nor ! And, in
the very same week, at the Sessions for the Metropolis,
a Jery found a Man " tiVILTY of au assault, but JraTl-
tl saga ;.' an absurdity in terms, %thief'. on being ex-
plained lay lb. presiding Magistrate, st as cress-lolly mois-
tened into a verdict of No c (it•tLTT ! lucb it is evi-
dent rool•l not have been the rondowt of these Juries, if
:lay of them had happened to have perused these Golden
Roles.

I. The most ~.."ric‘ nog of personal %%roar!. awl the most
of social miseries, bring ropres.ion and iujustice,
tinder the aanetion anti coins of law, and the plausible forst
the Jury ti, stem. the most important of social and moral
o .ligations are islip".ted nu the tegrii% firmness. sad discrl-
oination of the Intlit ideals who compose firmed sad Petit
Juries.

4. Ao bones! Juryman shochl stiffer death rather titan eon-
-o,'Ut I. a decision Which be feels to be ovist; or widen. in
own phase jtoiriaent, is not warranted b) clear and in-
s ..ntrovert i bit et idruee.

S. The attendant-re of Jurymen might he dispensed with.
if ally other opinion than that of the Jury were allowed
to make the decision ; and their office uonld br a mockery
on themselves. on the parties, and en their coontry, If their
4:erisions were not the result of the unbiassed, unsheekled.
and independent convictions of their own solodo
4. In deliberating on their verdict, every Jurvuuse is
1.-Mind to exercise his own jedgment ; to give his iiistivideel
opinion freely and boldly ; and to bear is Mad that it is the
ode and entire object of the institntiow ofJuries. that every
Jaryinte for himself should decide according to his own con-
victible on the poems at issue.
3. The Jury are bound to deride fully and finally by a ge-
r:rod verdict in criminal eases of " puffer or - not guilty";
or in el% it elites "for Ike plaint'," or "for thr defendant ;"
'mime at the request of the Judge, they reserve some point
e: law ; but suelispecial verdict should he explicit, anal. and
conclusive with respect to lie farts at issue.
d. ETU?' WO is presumed to be innocent, till he has
clearly been probed to be guide ; the onus of the proof of
salt lies, therefore, on the accuser; and no accused prrlloll
I. hound. requiired or expected. to prove his owe i .e.iry.
7. The accused ought to enjoy the benefit of all doubts.
and of all uncertainly in the evidence ; bemuse it is better
t:'st • hundred guilty persons should escape punislinsent.
vim one Jena-cut person be unjustly eons -cte.l ; the Issas
isf a criminal trial involving every thing Omit. to theism-used.
lie be found guilty ; while Iris acquittal. though percnanee
might be guilty, is comparatively uniesportitut to the
S. Every Juror should perform his duly in retard to the
a..eused. or decide between the pn intiff and detendatit. as he
oould desire those parties sliu.uisi act in regard to himself.
ere their situations changed.
U. It is necessary to guard opiate popular prejudices.
again t the sophistry and artifices of colonel. mild•
o ode, inSeenee is whatever quarter it softy 'Amyl' •
code on on • consideration of the facts only, and ou the valid
$ 'ileac, of credible s.-itnesses.
to. Ensuinsity is required in every verdict of a Jury. be-
er use nniversal concurrence is the only test of truth, while a
serdiet mast necessarily produce disguisedly, because in
esmy case there (mid) some tooth for the Jury to detect and
d,•elare : such required unanimity sets ing at the sane time to
armlet every one of the Jury responsible to his own con-
sulenee. to the public, and to the parties.
I I. Every Juryman should he especially motleys of run-
t idirsg peruses on es Mene merely presumptive and eircum-
s..sistial ; the convietion and legal punishment are 'positive.
anil so. as far as possible. ought to he the proofs ; era-
s 'Meg, however ingenious. and no circumstances. however
aresponding, being equivalent to one positive proof. either
ta behalf of. or against the acensed.
It The Jetty should careftill) consider fine far Ole evi-
'fence sustains the charge of a criminal design in the accused :
nn set whatever which lass not been ennimitted with a crimi-
nal mind or intention, involving au} guilt. or an) penal re-
sponsibility.
IS. A careful Juror will commit the material points to writ-
le 4. anti compare from his mites the es Weller on both sides.
I:twitting ou his intuitive perceptions.): right and wrong, end
Ina intaining • s igilant caution against the prejudices or mis-
conceptions of witnesses and prosecutors. a Ito by desire of '
the Jury ought not to be allowed to be examined in the hear-
ine of gosh other.
14. No Ma 4 being responsible for the crime or act of as
t::er, no prejudiee shonld lie against any accused person. be-
cause some one has committed a crime. however enormous ;
pad the Jar, before they convict should take care that the
charge has barn brought home to the accused by distinct and
unequivocal testimony, as well in regard to the fact as the
criminal intention.
13. Juries must be governed its framing their verd let by
the precise letter and fair construction of the law, as well as
by the facts of the case. It is not their province to supply
(Infects in the Inn. sir to stretch its meaning, lest a crime
should go impuni.hed. Thos no man ought to be convicted
of murder, unless the nnlawful intention to kill be made pal-
rible ; and no man might to he convicted of forgery, sinless
he has fabricated another man's signature. with • manifest
i-trntios to defraud ; fur. if the law has not provided for the
punishment of every ease of homicide, and of frauds which
are not actual forgeries, it is far from being incumbent on
Juries to involve the accused in the capital penalties inflicted
or murderers and furgerers.
lA. Warning to others being the sole design of legal
punishments, ell decisions of Juries should be made dis-
rsitionately, and should not be ialiseneed by collateral cir-
cumstances. or by any sinister or artful appeals made to the
ferlings of the Jury.
IT. The pueishment being generally founded on the ab-
stract feet of the Jury's conviction, with little regard to the
peculiar festerss of each ease, and the laws being made ge-
nerally for extreme cases of turpitude. the Jury ought to re-
commend the convicted to mercy as often as the circuit'-
s:awes afford a justifiable reason.
IS. Jurors should view with due jealousy charges against
accused persons who appear to have been deprised of the
rill Heves to which they are entitled by the usages of the Con-
stitution, and &due respect to the ends of justice : thus no
scrused person ought to have been committed for trial ex-
c -sit on the oath of at least one credible witness ; or called
on to plead unless on the indictment of twelve of a Orand
Jury ; or arraigned on trial unless he has been supplied with
a copy of the same, in time sufficient to summon witeeises
and has enjoyed. during his previous cundnement. the free
:terns of his friends to concert measures Oar his justifi-
cation. 1-
19. As MIAMI Junin examine witnest only against
the accused, every case, so unopposed, :y any defence
f.iight to be completely and unequivocally nselje out as to the
frets, the evil intention, and the application of the lair ; and
;he exercise of a scrupulous and jealous caution against un-
founded, usalicioes, and irrelevant charges. esti be attended
with little danger to the public, compared with the irrepare-
lOr injury wide% the admission of • frivolous or malicious
indictment may inflict on innocent persons.
O. The duties of a Cotiowan's Joey are often of the
deepest importance to Justice and Liberty, beige the firm
tr;Mtual to deride on such acts of oppression, or *Mises of
power, as have led to fatal resells. Such Jurors are ens-

THE Si

bled to mark for punishment any retueilles committed by Hie
wanton introduction of soldiery ; and to confer larpuity on
the just resistance made against uncoostitetional arts which
may has e been attempted newer coloat of law, or by any im-
proper assumption of authority.
I. In trying charges of libel, ,edition, or veletas+, the
Jury %hosed be jealously on their guard against the preju-
dices raised by the ininessee of the Administration for the
time being ; and they should bear In mind. that It is in sub
eases mast Juries are eminently the barriers of public liber-
ty, and time guardians of their fellow-citizens against Unties
o f ;mu er.
te. In trying libel causes, Jurors ought to lOW sight
of the important services rendered to insnlind by the sacred
right of discussing public topics, and the public conduct of
public men : and of examining, asserting, and printing the
truth on all subjects fief general interest : and, as the law of
libel has in effect forbidden them to 111/41 a verdict of ratty,
on were proof of publication. so, is the absence of all posi-
tive proof of evil Intention, they are werraated by the Jai in
ending a general verdict of mar guilty.
••• A few years ago an Act of Parliament gas e full poweee
to the Jury to decide by a general verdict on the ray?, the
teearroors, and the CRIMINAL IWRINTIO7I ; so that If -the
three are not satisfactorily proved. failure In proving either
justifies in law a general verdict of %or et 'LT?. This law
is given at length, as it merpreeses the duty both of Judge
and Jury. It is eutitled '• An Aet to reuuose Denies respect-
ing the Punetions of Juries In Cues of Libel." and is tone
amonly called Fox's Ls nee HILL. from its being brought into
Parliament by the illustrious salesman of that name.
•• Whereas doubts have Priers whether, on the trial if en
indictment or information for the Hoskin, or publishing any
libel. a here an issue or issues are joined between the king
and the t:e 'Aslant or defendants, on the plea of Not bleilty
pleaded. it be competent to the Jury imearmellerl to try the
same, to give their verdict upon the whole matter in (pow :
be It therefore declared and enacted, that, on ever) swim
trial. the Jery sworn to try the teens may gist. a eisse eel
%.:rtliet of Guilty or Net Guilty upon the whole mato" put
on issue upon such indiebnent or information, Dad MI sot
be required or directed. by the Court or Judy before whom
such indictment or information shall be tried, to find the (le-
i
fenders! or defetstlants Guilty merely on the proof of I pub-
lication by such defendant or defendants of the piper reed
to be a litmel. and of the sense ascribed to the same suit
indictment or information.
Pros:aled always, last. en 'eery such trial, time ' rt or
Jester before whom such indictment ter information . ii be
tried, shall, greenling le their or his direction, gi their
or his eplaion and direetiens to the Jury on the eta IN
Issue between the King and the defeedeut or delude in
like manner as in other criminal eases."
This statute forbids Judges to direct or require a mile
i
of guilty on mere proof of printing and pebliehieg ;ilett it
*Bouts time Jedge„ in his discretion, to give his opt ou of
the charge. as he ether criminal case*. Of mower. i ry in,
a rharge for a libel. the same Linde of proof are neiesssry
as in 'wry other at-mistake. The matter puistisite.l Oust be
iterinsleally, e% ideally , and unquestionalt!) enters/ie.; Ow
piety 11eCt1..%1 lutist be enevan to have ecennteled the of-
fence, as nit slither or principal; or as an necessary. SI a
printer or %redo, : amid if as an sect-se:try. he must have ap-
peared to have participated with a malicious and enturtes.
IVCANTIIi%. 11 Jerk% ea their dtit, the liberty of 1111111 press
is therefore us mouth te, and as free trent dancer lit those
who vac the press. as the liberty of any other set of sit PAR-
lirluman. The same amoral rule of diserimeination applies to
ofessers committed by lime press as to stream** of every oilier
kind, and guilt or inner:owe is to be inferred by an exact
analogy of evidence and rea.uoing. Hut in meklag their
derision. the Jnry :should not forget for a eitiele Women%
that free and u trained discussion is of the deepest con-
sequeace to the well-being of se ; end lent the liberty
of
the pow, time right of publishing truth. end the unsharileil
energies of their intellects, are lac pride and perellar glory
of all freemen.
eff. In deciding on political cities-Hens in general, every
npritilit Juror s!tottitl respect the rudimental hue tit the
realm. ns late down in Amgen Chute, the Petitiate of Hight.
and the Hill of Nights, and eit.muld CareftiliCeeiiiii 1 Wine
the there of the sopldery o( any plemequiteW
.11111111 Ir suer an instrument to glse eeeet to hulk, • . a
missed I,y overhearing factions,hi rontruentios of the
taus of tiod, of the just rights of the People. audit' the
fundamental principles sad practices of the British Con-
stitution. . .. . _

44. 'rite Foresees should ascertain and e.inuils respect
ewes npiaiun in the Jur) ; and tar ber,llo. after it has been
unanimously agreed apts.,. should be suleumly dclisered; no
variation being permitted unless tbeir tie-
ekiton Is rreonled. choose to retire again end form:ill) sanc-
tion anv proposed sariation As a new verdict.
U. Previous to declaring their verdict. every Juror should
Rise the *tensed the fair benefit of thow distinction, in the
time, quantity. end grants. of oft: tiers which hale been ex-
plained by the Judge or Cootnael ; anti he Awed anxietis!y
eonsider. whether the fact charged be the crime alleged
within the meaning and eugaizance of the law, feuadiag the
verdict on his combined slew of feet and law...

Ye. It bring the sole object of the proreedings in every
trial to enable the Jars t.' Requite e.,rrect siews of the fads
which heir on the quest*,nt at issue; it Is the duty of every
Juryman to prowl inexiterienred. and erebarnts.sed
ty finesses : to receive Islet eantion the testimony of others.
who are miler the Whittor . or fear. hatred. or expected rot.
ward ; and to require the production of any evidesee widelt
iv tendered or attainable, and which appears to his to be
neressarx.
W. Abore all things. It la the delicate. but sacred ttatyof
Jurymen to guard against the undue interference or mistaken
views of Joftas. who. in bad times. have not only misled
and dictated to Juries. but have sometimes presumed to
reprimand them. The Jtschr Is authorized to expound the
law, but not to dictate and over-rule the decision ; hr should
be respected by the Jun-, but not be implicitly obeyed.
IS. Every Juryman should recollect that he is acting for
his country : that, In the case before Mtn. be is the uncoil-
trouled whiter of justice; that he is the constitutional pro-
tector of stature. and accused persons. against legal quibbles
and oppressions; that he is tile Hying guardian. for his
posterity. of those sacred pnu ers of Juries trunstuitted to
him h) his forefathers ; and that the preservation of JI STICR
and LIORRTY depends on one Irsi and upright man doing
his duty iu every Jury.

LAW IXTEhLIGENCZ

COURT OF CIIANCERY, filaacii S.

routs AND HALPIN V. PHILLIPS.

This case arose out of the numerous bills which has
already been several times laid before one readers, which'
hills were allezed to have been accepted by tialpin on
the partnership concerti, although the other partner,
Mr. Coles, ha.' never given his consent to such bil!s,
nor indeed hail lie the most distant idea that such a
fraudulent transaction was going on.
Counsel on both sides, via. Messrs. HART, Wine-
etat.n, and Cut Aux, were heard on the merits of the
ease.
The Loan CHANCSI.LOI. after a short inspection of
a body of proceeding's, which were fully as large as any
folio volume we have ever seen. said, that this was err.
tainly a most important case in every view of it.—The
hill in question, autountiug to 650/. went into the hands
of a Mr. Levy, wlso soon negociated it into the hands of
a Mr. Elias, by whom it came into the hands of the de-
fendant, Mr. Phillips. It would be, perhaps, too much
for hint to order the debt to he expunged, but lie thought
that the proper way would be, either to send the mate
ter back to the Commissioners of Bankrupts, as was
asked fur, or to direct Mr. Phillips to hring sit action
forthwith to try the validity orate bill which he held.—
The Vice•Cbance:lur had. in his oyinion, acted ex-
tremely proper in directing the issue in the first of these
eases which had been brought before loins, and he was
bound in justice to say, that he entirely concurred with
the general principles of law laid down by that Judge.
Indeed, with these principles, it was utterly impossible
to flitter. On the whole, without going into alt the
facts of the case, he ordered an action to be brought

---- -- --- -
forthwith by Mr. Phillips for the bill, in order to'

r.'SMAN.

Its validity, and lt^ felt himmilfjnstified is doing so, be-
cause other cases of a similar nature in the same busi-
ness bad been sent to a Jury, and indeed a Jury were
alone competent to decide what ought to be done.
Wirenstat.n.—l should wish your Lordship to
amid this hack to the emotnissioners of Bankrupts.
The Loon CitANcaLtAnt.—l dare say you would do
so, bat, Mr. Wingfield, I would rather have a trial by
Jury, and a trial by Jury I shall have.
'rlie order was then given for the trial.
Two other petitions of a similar nature in the same
concern, came on for hearing, which occupied his Lord-
ship the chief part of the day.