The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-01-12
THE HISTORY OF TRIAL By JURY,

Lecture of Chief Justice Horton, of Kan
sas, at the State Normal.
81 have the honor of introduc ing to
this audience the Chief Justice of Kan
sas, who will address US on The History
of Trial by jury" SAID President WEIGH
Tuesday night, at the Normal, aud there
stepped forward man of fine physique
and with high order Of ability plainly
marked on his features, to deliver to the
audience assembled TO hear the distin.
guished speaker an address of which
the following is general outline.
A gallant once sent his lady present,
which, when she had received it she
found to be nothing but an egg. Dis
gusted that he had sent her such a gift,
she threw it on the ground and broke it.
chicken. Touching a spring she found
within a golden crown. And another
spring revealed within diamond ring.
Thus is it that often what may appear 10
US common and unimpOI tant becomes q
rare diamond. 1t has been said the
world is ruled by four boxes-the car
tridge-box, the handbook, the ballot-bOx
and the jury-box, the two latter espec-
tally, under Republican form of gov
eminent.
The world has employed many means
to decide where guilt belonged, the
most prominent of these being water
and fire. before the jury system came
into general use. 1t was the custom at
one time to heat water in a vessel and
place at the bottom two stones, one
white, the other black, which the &C
cused had TO attempt to pick up; where
the charge was light only the hand was
plunged in, but where the charge was
great the arm was plunged IN TO the
elbow. If the accused was guilty he
would be scalded; if innocent, he would
60 through the ordeal unframed. When
witchcraft was rife in Now England,
the alleged witch was thrown into the
river II she swan then she was doubt
less a sorceress; but If she sank and
died then she was innocent. Hot iron
also was used as test. Queen Emma,
mother of Edward the COnfessOr, was
compelled to walk over hot plowsnares
which she did without the least injury
to her feet which proved her innocence.
However, it is said, her judges were not
without suspicion, it being claimed that
the shares were simply dauhed with red
paint Carrying in the hands hot
weights without being burned was also
another proof of innocence. In Hin
doostan, the lawyers stand in a hole
which is dug in the ground. In Ameri-
ca, the case is reversed and the client is
always the one who puts his foot in il.
Another test much relied upon even in
this late day, is the one by blood. 1t is
claimed that when murderer is brought
in the presence of his victim the blood
will flow afresh. Shakespeare and
Scott both refer to the test.
know of a case In my own expert
ence. A colored man named Scales
was murdered at Topeka, and his
wife and a young man living with them
were suspected of having committed the
| foul deed. The body was taken to the
colored church, preparatory to being
| taken to its long resting place, when II
was determined to test the efficacy of
the accusing blood. The wife of the de-
ceased was compelled to attend by the
sheriff, and the moment she entered
blood flowed from the mouth of the
/ corpse. The woman was entirely over
wheImed and confessed TO having done
| the deed.
Even these superstitions have had
their place in maintaining the peace in
the community, and many a criminal
has confessed his guilt through this
agency.
first used; however, much Different
from the jury to-day. Then the
witnesses formed the jury because they
knew most of the case in hand, and
would decide more 1ntelligently. - Now
the reverse must he the case, and the lesl
i a man knows the better juror he is
To-day the mayor and township trustee
ffry ftRe
list, which names the county cieFk
writes on separate slips OF paper and
places them in q box, which Is known
as the iury-box; from this he draws, il
. the presence of the sheriff and two jus
tices of the peace, the required numbel
. for the jury. Just why this numbel
must be twelve is perhaps because thu
number twelve has so often figured
in the affairs Of mankind. There wer'
, twelve apostles, twelve tribes, tWelv,
stones IN the breastplace, etc, Gd inffni
tum.
In former days the jury Jared ill whicl
did not decide as the judge wa
, inclined. Once the great William PEN
the streets of London, 10 which case tn
Jury failed to agree They were instruct
, ed by the judge that they would eithe
: have to agree or starve to death in tn
jury room. They finally brought in
3 verdict of not guilty, when the judg
fined them each forty marks and imprii
, oned them till 1t was paid. Now q jur
I is discharged before confinement endaE
gers their health.
If our juries were always composet
) of good, intelligent men we would nee
q have but little fear that they would ca
total deprsvity emotional insanity, bu
e q g, 60
men as are not the best. A man was ono
o examined for a juror somewhat afte
!: this style:
r aDo you know anything about thi
! case 90
g mo"
DO you ever read the papersr'
mo"
oil what, do you never have any incl
nation to read! 81 ..-.,
"No."
III SHAVE you formed any opinion froI
L what you have heard 90
DO you ever have any opinions."
& E'What. never had any opinions ,
allr'
: aNo.n &s1
"Goodl You are just the man l a
y looking for"
Our juries should be Of that kind vi
read and are intelligent- Ignorance
a, always dangerous Our laws should
changed in regard to the decision of
od Jury. Two-thirds or three fourths
C. them should be able to render verdi
This Is the case in Nevada, in civ
- cases, where nine of the twelve may n
:. der decision. The idea that all sh0u
u agree Is, like pOlygamy, relic of b
barism. Any one Of the twelve M
nov say forbid. and the hand of Il
tiee is stayed. Those who are ihteress
n in civil action should be the ones
!, pay the Jury. A hAlEdozen men are
IaW.ablding, peaceful citizens, but l
pe- Gauss two others are alWeys a< aogg
Er heads these other six must help pay
ec- It, Socn c1ses may coss tno1sanos