The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-05-26


The Points Of Law Iavolved, In HIS -Sisi'
tFrom the Warrington IntsIhgeno.r Nay e. =.
tsSsn. rsfessncss 70 The ;s. o. ns Davis have
Indictment, IN The usual form for treason, has been
Court. q Norfolk. Mr. Davis l. indicted under The -
OF i7o6 under which the penalty, on conviction, =
death he could have been indicted under the &C. e
Of which il Hne, not over ~, co., and imprisonment
with OF without hard labor, not ever six years
q the petit jury who charged with the trial OF the
prisoner The jury ID 70 b drawn according lot or
s es ~ "a: S r.:
number or jurors to DO summoned s le 10 the discre
tioa q the Court. - y common law. The cot OF July
TO- 1861 repeats 90 much Of the OF 1850 requires
In cases shabe with death that twelve petit Jurors
b mmn,ened from the county where the offence was
IL allowed 10 sit the jury who ia any degree Of
completely with the rebellion. This Is oct Of control
ing smpcrsnce because i nsnrs that shs sr. shall %
confedefates His fate win rest entirely with bis political
opponeuts The jury must b. unanimcssy Or there
mon law and has existed time whereof tho memory Of
man runneth not 10 the contrary The presding Judge
may arise n The prosress o. the tr but q tho jury
always, IN criminal cases return General verdict Of
guilty o. mot guilty. sney are practically tho Judges Of
thor decision There has been any exceplion
ts principle in The common aw, except that IN
Of libel bad frequently beon determined the Court
OF Kings Bench that tho only question for shc con-
sideraton OF the jury n criminal Tor bel
the fact Of publication and truth Of the innucn
does and that the Court alone competent deter
mine whether the subject or the publication
rot libel And u Was for this ruling OF Lord Mansheld
that the celebrated Junus bitterly attacked Lord
Mansfield Lord Camden, the friend Of liberty, differed
from Lord Mansfield and the finally put to
rest by ths memorable act Of Parliament 81 George ILL.,
known Mr. Foxs act which determined tho Law
against Lord Mansnelds Judgment by expressly reco5
nz ng the RI lit Of the jury TO determine the fac and
guilty.
The trial can only end in ono Of three ways:-1 BY
verdict OF guilty. 2 BY verdict OF not guilty. by
the inability or the Jury TO agree
In the event Of this third alternative arising the srst
question which will Is whether Mr.. Davis Will DO
entitled TO bail The consut on provides that sin all
criminal prosecutions the accused shn enjoy the right
y speedy ana public trial. In determining whether
Mr. Dn,ts after than years Gloss Imprisonment,
would be entitled In tho event OF the sagreement Of
the jury, to DO discharged BAIL would be question
Judge. By lie seisbracd Hatcas Corpus &C, of 81
Charles H., provided sixth, chat every person
committed for treason felony SHALL II Ito require H. the
first week Of the TERM the first day Of the noxtses
sion OF Oyer and lerminer be ndciedin that term
session, or else admitted 10 ball. unless the kings wit
cannot bo produ ed and II not indicted md tired
In the second or session. he sha be discharged
from hrs imprisonment for such imputed offence"
II Is moi likely Judges would take J. IS favorable
view OF the pr oncrss appI cation than In the rul fur
nshed by this statute. Ino serious question would be-,
hos many terms tho have PAS cd tho prs
oncr was first arrcsteiY His would IN all robabI
~ contend that Ivy incndsncnt OF law United states courts
wcr, holding their regular terms for tho last twelve
months ID the state OF Virginia or nj least might have
done further provision OF tho const uiOn might
perhaps Also In tho event Of disa Of the Jury
be invoked in behalf of tho prisouer--that which
ss forth fcliows:Nor shall any person be subject,
for the offence 10 DO twice put In jeopardy ri lie
or hmbn The meaning OF this rule Is, thit defendant
In legal jeopardy the moment petit ry Is charged
with the decision OF his case. But though there
has been somo difference OF opinion on tho pous,
1t may be assumed that when tho jury are discharged
from the further aud hnai decision OF the cnse because
OF their inability agree tho prisoner may DO held to
DO tried Al In England, where thc jury
c..ud agr.e capital cas- The judge nstead ef
discharying tbcm the ond Of tho term, mad them
cnrted md the circuit With him. fhs prciicc how
ever exploded In case then 1t the inability Of the
Jury agree the uimos; tho prisoner could ask FROM
THAI fact ane would bs the right ~ 10 ent Of prison on
bal. e .ts- so - e.ff VI afr.,af sl.li ..l