New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-25

5. tinh saoh rlsi a. is cOn'smPls,sd by section
81 for persone ooEgse With osp'ta' or @oetwre in-
fsuou- Offer ses Ehich nus. 10 apou pre-e 1fdent or
ipoietnspt Of Grand jay, and IN Court Of Record
VIII CONF OF Jaw jnrisoic iol.
tbiDE II IL apparent from several consijershons;
! coDnoa l.v jury uil can only De ma 10 5
Corr o. c1uu 90 lsv jurisdiction both a. regards the
ehsssctr VI The Co1rt aud its mode Of procedure lt
is N. tbs simply making tee jury TO consist OF
twelv- men cor i;u;@s c 1umoa law j1ry rial.
H. Sc top sp's n M IL opera Ion Detit Larceny,
which ~ common la~ felany, add infa nous in is
character The sts;1.s OF 1913 the sed statutes
referred ~ expressly authorized Courts OF Speel4 seS-
sips 20 Try To- hst ofepse, which wa: never held to
be IN cOo aveltioo Of he Cor siuon, Murphy vs. tbs
People. I'd Cow. X. ELS; TIE Peope vs.. Goodwin, h
W.bc. X. PSI
Ill The % ard sect nos referred 10 are parts Of
:he ssr- articles Of the Constitution, aud are "a PR
motri0 the s'teY securing 90 AL persons charged w,a
jnfSmOu Us GRIMES, soiiDg as Aforesaid, trih after
due pc :. nlmel. or indcta by Grand Jury, ely
il he III. OF sl Of msd.m amor the footing
of ptfr larceny. TO De provided for by ths Ls:ilsafe
by jury Of 6, 10, or any other nGmber or without
jury
". No jury tria in cTimiDsl cSes was ever 10 en-
10 he q mmon law, bat such "a toll oweo upon ndlct
inert i, clrmor lss cont after me sccns'd vas Ia
CUSTODY, hsa been arTssned and had plead 70 the H.
dc'meit
" Ttis CO.'S ruction makes The two sec ions hsrnO
Mos nd stHsiols Toe Legs s,ue may declare
criminal acts vhich before vera innocent, a. 10 case
OF The statute un'er confederation. HOG can II be
ssc that IN such iny tiaI has been herctotore
usd Section III is eIpressy lmi'ed 10 cssss IN
which The trial by i1ry has bern heretofore used. IN
cs,.s OF sc's mace criminal by statue passed ater
Il, soopOn of the CoDs; uton trial either vita or
wi,hou O Jury mas been used But f an a1t Is made
felony BY sstu'e and thereby becomes Infamous Ia
ts ebs acer in the cases OF the statute to prevent
abduction Of females for purposes o. pros tuon, a1d
20 seduction section W. secures 10 The person
charged with is violation trial by jury, st!er due
prese, to tbt by grioo jury.
VI Section tvo only requires trial ~ jury IN
wbFfe il bss been DeTetoire dssJ. ans cSnno'
me Nj casee whel il Nigh CT might not De reqired,
tor keu no i.ded cond BE- tried by the Special
Session, az every peron charged With any cr ne was
obe 10 be- l. ocied therefor by the Ora, Jury, and
then ris by Jury the oily which conld tsl-
low TIE Only practicable infsT prefation istO exclude
from q Ov4yaiOn those where it COM Jetent
10 r, BY Cou OF Special Sessions, and where su n
tfios had been in use. BY the Revise Lass of 1913,
bsfr. tiied, al offe-s uuCer the degree OF grand
roepy nj. ht be tiled in th'se Courts AID tina. law
confirmed in TO oe until 1890 When the Revised Stat
ues liz tie, The jurisdiction Courts OF Soecis SEES
tiols 10 Ger ain specified The Constitution has
been twice Ievis since l5l3 ana The provisions on the
suti,ct bave been continued substantially the same as
the, wers before 1873 IL would be singular not 70
coy sb.nrd if the orgazc law il to vary in is princi
les and tie objects to which it rea es, at every or
o. Char &c o. esiiaOD. 1t should Ce interpreted 10
this respect IL tn .sre way rs If there had b9en no
revision since l777 The fset that the sane thing has
been t,oo led since that time IN the Sd ne 50 emu
msDper ceriait oue BIT cnsDSe the rpretsJ1
iostly prabe TO it or finally, bat tue contrary
should COZ frm srch reputation
Fer iba foyeg or reasons, am OF the opinion mat
the decision Of the County Judge was correct ana
:onld be ali med.
seIdea ana Johnson, Justioes, corcuHed Ordered
accoraiuply