The news and herald. (Winnsboro, S.C.) 1877-1900, 1879-11-01
W4IVER OF TRIAL BYJURY.

A remarkable decision by tho Sill
prcnc Court Of tho State Of Iowa is
reported in the latest number of the
Albany La'o Jou,nal. The defcnd-
ant, by whom the appeal was taken,
had been indicted for passing forged
note, tried by his own consent before
q jury otclcvcn men, and found guilty.
1t appeared that twelve Jurors were
impancllcd, but one of them fell sick
after tho trial had begun; that this
juror was discharged with the consent
OF tho prisoner, who also consented 1,
go on beforcssthc remaining jurymcn;
and That he trial was therGupon pro-
cecdcd with and resulted in cOnvic-
ton. Before the appellate court il
was contcndcd that 10 iudg-
mcnt could lawfully be pronoun-
ccd against the defendant, inasmuch
as it was unconstitutional to try u
man with Il jury Of less than twelve,
even by his own consent.
In Canccmi's case, decided in this
Slate IN 1868, our Court of Appeals
held similar proceeding to be an in
ffingcmcnt Of that section of the Con-
stitution which provides that the trial
by jury in all cases in which it has
heretofore been used shall remain in
violate forever. Like decisions have
been made in Alabama and Indiana.
The Supreme Court Of Iowa, however,
refuses to follow them. The Coustitu-
ton OF that State contains tho same
provision as ours, q little differently
expressed, declaring that "thc right Of
trial by jury shall remain inviolate."
The court holds that this provision is
for The benefit and protection of per-
sons charged with crime, who may
waive it just as they May decline to
avail themselves of any other legal
privilege.
Now in this Iowa case as well rs i'm
, that ofCancemi, it was assumed that
ihc jury contemplated by the Constitu-
ton is jury of twelve persons. In
deed, there can be no doubt on this
point. Our Court of Appeals declared
that cit would ld be highly dangerous
innovation in reference to criminal
cases, upon the ancient and invaluable
institution Of trial by jury and Consti-
tuition and laws establishing and Sccur-
ing that nodo of trial, for the court to
allow OF any number short Of full
panel OF twelve jurors; and we think
1t ought not to be tolerated." The
Iowa tribunal criticiscs this propo-
sltlon because it is not accompanied by
q statement of the reasons VIII ich
would make the innovation dangerous
and lnlol |rablc.-NcaO York San.
SALE OF BoNNER's TRoTrING SToCK.
AIR. Bonner is ut last to become seller
| OF trotting horses. For twenty or moro
years he has been n frequent buyer,
| and the exclusive class of horses to
which his purshascs have been limited
were 80 conspicuous us to attract wide
attention. But neither at private sale
nor at public auction has he been
known to dispose Of one. The con-
slant accumulation by purslasc and
tho natural increase by breeding has Mt
last brought what has long been antici-
patcd-thc necessity Of a snlc to reduce
the number to the reasonable capacity
OF tho owners farm and stabbling. n
draft of cighty-scvcn, or more than
one half ofhis stud, has therefore been
made, which will come under Mr..
kcllogg's hammer Oh Wednesday,
October goth; at the grounds Of tho
Manhattan Club, at tho corner of
Eighth avenue and Fifty-sixth street,
in this city. The quality of the lot is
such as few owners could offer without
disposing of their entire studs, but
which will nevertheless leave Mr.. Bon
nor in possession of about sixty head,
mainly old favoritcs, on the retired
list, That will never be sold, yet includ-
ing Stable Of flyers surprising that
of any public or private owner or pub
lie trainer i'll the country. There arc
several horses in the sale catalogue
that hovc recently trotted very fast.
The terms of The sale arc absolute, or,
as the catalogue expressed it, every
animal will be sold, seven if no more
than ten dollar bill be offcred."-
NcW York Herald, Oct. 27.