New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-01-27
TRIAL BY JURY.

The Hon. joss ?. HALE delivered. Al the r.ber.
rscle on Thursday evening tie second Of the Course
Of Lectures before the Nev-Epglsnd Young Mems
Association, on the subject Of Trial by Jury. The
attendance was not very numerous, which. perhaps
nay be accounted for by the fact that there was snoF
OF the ground, and the innate fonineSs Of New Eas
landers for sleigh ridiug
NJ Hale commenced by saying that he stood be-
fore New England Society and tie seis hing out Of
doors, he had no doubt, addressed itEelf more en-
Itatcaly 10 the memory OF New-England
men and women than any lecture that he
could expect to deliver; and he thought thar
these who had devoted the evening to that
recreation had shown more CHARACTERISTIC exhibition
Of the true New England character than those had
devoted it TO hearing a prcsy lecture. But be ssid
that be proposed to say something of institution
which Lad ever been held in the highest regard by
every SOD If New.England-" trial by jury The
remarks be- would make were principally applicable
TO criminal cases; some of them might apply equally
to civil cases. The lecturer ssii be would speak Of
the early history of trial by jury in Englani-of its
struggles trials ard triumphs Jhere-and Of its strug
giles, trials, and partial defeat in this country lie
hen proceeded 10 give account OF it az ii first
stcd, when the counties were divided into hundreds
and ali the fieemen of the hundred took part, and
gave a verdict. Subsequently this was devolved on
twelve, who were witnesses, and gave q yer
dict from their own knowledge, but heard no
witnesses. Next came the tiiai We now have il.
The Jury decided all questions Of law and factthe
Judge old nothing but record their finding and zee il
executed; hence he was called the Recorder. After
the Norman Conquest Judges were appointed and
controversies arose between the Court and Jury-he
Court usurpipg the power OF determining the law
which the Jures resisted. lie then recited the his,o
ries of several trials in which the Jury resisted this
ercroacbment of the Judges-thst of Col. John Sill
bum and subsequently, those OF IN. Penn and VIM.
Mead a. signal instances Of such resistance. Finally,
the Court IL the latter case, imprisoned juror for
giving verdict contrary 10 the direction Of the
Court in matter Of law he applied - the Chief
Justice for writ Of HQbeGS Corpus and was released
ard the attempt again made to enforce this
arbitrary doctrine in England, except in of libel
in such cases the Judges pretended that the law was
dfereD-they cid not &c; up the power in any other
cases In 20 by act OF Parliament advOc ited and
sustained by Fox PITT and EskLle this last pretense
token away, aud since that time the attempt has
never been renewed in England. That was the Jury
Trial which our fathers brought with then to this
land. II hsd been sanctioned in this country by the
Supreme Court of the United stes, by the Supreme
Court Of New York and by the Courts of miry
Other States. Mr.. Hale mentcoed John Jay,
Chancellor Kent and Alexander Ha milton as names
which had sanctioned this doctrine, while tue
contrary was sustained by isierior Judges, who
hardly knew the difference between the civil add
common law, and who thought that the clucus resO
luton of the party TO whose favor they owed their po
sition on the bench, was of more binding authority
than the mandates Of Gods eternal law proclaimed
amid the thunders OF Sinai The lecturer said tina.
Trial by jury hal been encToached upon in this coun-
try in several instances. He men toned cases where
the urishment was death tie first where
this ercro ichpent had occurred; secondly, tn-
ais in States for violations u the law
sgsinst selling ardent spirits and, lastly, the Fdg
tye~ Law these
suned the RI lit OF asking the Jurors they bad such
opI ions about the constiutonaity OF these variou,
laws that If the facts proved, and the Court in'
structed them that they were constitutional, they
would have ANY scrupes about finding the prisoner
guilty. II the Juror answered that he did entert!l
such opinions held such scruPes, be was Get ABIDE,
and none bur interruptions men placed on the Jury.
Mr.. II. said that Jdries must take their rights ia
their owl hands, 6nd refuse 10 such questions
they must lie treated insulting to Juror intelli
gence ana inrecTiry, ara resenreu suuh, C-"-ss
won not vindcsie the rights of Jures-they must
do it Themselves They had the Jury trial in England
because uIifs there hai resisted the encroachments
of the Court; AMI il we would preierye the same
right here, we must use the same means. Jurors had
been imprisoned in England for maintaining their
rights; possibly this might bsppen here; but in the
former country, such proceeding had resulted in
establish the right firmly; and If the cOnse-
quences TO be the here the attempt to en-
force the doctrine could not bs made too soon. In
this country Judges could not npiison a Juror for
finding verdict gsi0st bis directions; but they AZ
to take captive his conscience, by falsely pretending
that Juror was bound by the obligations Of his oath
20 take the law from tie Court. The latter IL a
greater oense esant right than the former, because
honest dare to risk imprisonment, bu. be
will lot dare to violate his conscience. Such was tue
view OF Erskne.
Mr.. Hale spoke in terms of severe censure Of the
coUr'e pursued by the United States Courts in Boston
ard the Northern District Of this State, Ia the Fugi
tive Slave cases. He said such conduct could hardly
be covered over with that mantle Of charity which
would attribute il TO weak headit had rather the
Appearance Of the corruption OF bad heart.
In conclusion the lecturer, in strain OF elo1uence
peculiar to himself. urged upon all those present, if
ever hey were called upon to discharge the functions
of a Juror, to 10 careful and mSatail their rights
az ainst the eLoroaohns nts OF the Court.
The lecture at;enGyely listened to, and many
Of passages enthusiastically applsudcd.
II was announced that the next lecture before the
4 sooaticn would be delivered on Thur,day evening
by tie Rev. Henry Ward Beecher.
TIE PRESENT ASPECT OF THE SLAVERY