The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-01-27
THE BULWARK Of LIBERTY.

ILL UUuH HIN Ul ulUun1 i
THE JURY SYSTEM WHAT IT 1s-- ITS
BsToRY--ITS ADVANTAGES AND
ITS DIsADvANTAGEs-.1TS DAY
OF USEFULNESS GONE.
Essay Read by ID. l.. Mabry, Esq. BE.
fore the Abbeville Literary Socie.
ty, at its ReSulmr Meeting Oh tho
Evening of April Fl, 1888.
The:regular monthly meeting was held al
the house of Mr.. w. A. Lee on the evening o.
April q, 1885, DR.. II. D. Wilson, President
Walter l.. Miller, Secretary. Members pres
ent we're: S. C. Cason, o. T. Calhoun, q. C.
Hodges, w. H. Parker, NJ. l.. Bonham, ]. G.
Klugh, Hugh Wilson, l.. w. Smith, A. w
Smith, II. II. WardIaw. w. A. Lec l.. w
White, NJ. P. DeBruh, L. b. Gary. W. c. Ben
ct, II. D. Wilson, ]. W.Thomson. w. Fl. Hanck
ell, ]. S. Perrin, w. l.. Miller. D. L. Mabry, j. $
Cothran, and \. B. Wardlaw. Visitors pres
ent: Judge B. c. Pressly, L. &. Gray don, Esq.
w. n. Graydon, ESQ.,, and Master - Mcln
tOsn.
The routine business was then transacted
when the President announced that the read
Ing of the essay was next in order. Mr.. ID. L.
Mabry, essayist for the evening, proceeded, as
follows:
.N1. President and Gentlemen:
| The Jury, according to an approved deflnl'
ton are u body of lay1ncn, selected BY lot &c
ascertain under the guidance Of Judge INC
truth in questions oI fact, arising either IN
civil litigation or i'll a criminal process. me
oretically, they are confined to The considcr:
ton OF questions of fact, exclusively, and to
course of The trial. 1t often happens. hoWev.
er, that the law and the fact are so intimately
blended that in passing upon question OF
fact, they pass necessarily upon questions OF
law. although they are bound 10 suomlt 10 tne
decision of the Judge as to what the law Is
and the manner of lis application. The Jury
system Is divided into two leading classes, o.
the Grand Jury and (2) the Petit Jury. All
other Of these classes. The province OF the
Grand Jury is to present indictments for trla
by the Petit Jury. At common law this Jury
night be composed of any numOer from
twelve TO twenty three inclusive: Dut pre-
sentiment could not be made by less than
! twelve.
Der is eighteen, with the common law
~ true bill" Petit Juries consist Of twelve
approvcd citizens, liberos ct legalos NOMINEES
as The early writer's delighted to term them
THIS, however, is not at common law Il neccs
teXt-Writers. Both the Jury OF the Grand AS
size and the Jury of Inquest OF Ohce were
composed Of sixteen, with the right OF aHOrc
| ing them by the addition OF new Jurors, uh
ri the necessary number concurred. Lord
Coke finds surprising virtue in the number
twelve, and claims for 1t Il divine origin. IL
is supposed to be in analogy with the twelve
tribes of Israel, the twelve prophet' 10 loretel
: In. tt, al 1pc
truth, the twelve diScOverers who were sen,
| into Canaan to seek and report the truth. ard
the twelve stones that the heavenly Jerusa
lem is built upon Scyeralo OF Inc StateS nave
i'm wanton disregard of these sacred Hnalogies
reduced the number to sin. An anomalous
Jury which deserves mention is the Jury o
Matrons which is reSorted To In the Writ de
! IEentre inspiciendS, and when female pris
oner condemned to death pleads pregnancy ir
stay of execution. The explanation OF the
exception which the common law makes II
this case to it's usual intolerance of women
denying to all except 1cmeS-$ole my legal cX
/ istence whatever, is found in that deicart
feeling and chivaric regard for the sex, which
break down even the barriers OF tho law
The Origin Of Trial by Jury.
Down to period comparatively recent, there
was great cOntrHrcty OF opinion as TO the orr
gin of Trial by Jury, There is scarcely any
information to he had as to the practical ad
ministration of Justice in England prior tt
tne conquest DS w lIIltIl Guc A>tl anu WI
some time afterwards. Nearly all The learn
ing Of the time was confined to the Clergy
and the monkish chronicles were, rarely bur
dened with hught save visionary Legends ant
temptS OF many have nevertheless brought tt
light much valuable material on this subject
1t is curious to note the many claims whicl
have been made 10 the honor of originating
this venerable institution. Like the score O
cities which cOntcndcd for the distinction o
being known as the birthplace of Homer
there is scarcely q country on the face or tht
earth which has not at some time or Other DC
clared itself the founder of this time-honor
ed system. II has been contcnded by a Ger
4 tain school OF AniQuarieS that Jury trial or
iginated ON "thc eternal blue hills OF Cam
bria." They base this clai of Welsh eXtrac
ton on the authority of the triads Of Dynn
wal Moelmutl, supposed to be old enough t
prove themselves Others have argued with
some ingenuity that the Jury may be tracct
back to Greece, and that 1t was thence trans
pcrted to that nation of lawyers, the Romans
The advocates of this theory contend tina
when the Greek orators addressed the JUDI
cial men. they are not to be understood rs al
dressing the Judges or Presidents OF the court
but body Of men specially set apart, Ike oul
modern Jurymen, for the determination o
the questions submitted 10 them, and who
were enlpanelled and sworn to try the cause
uprightly. They We're supposed to be assisted
in their deliberntion by the Judges who eX
pounded the law and by witnesses who depos
ed the facts. When they had formed an opin
ion, they delivered 1t to the President OF th'
Court who pronounced it. In like manner /
is asserted that the Judiccs in the Courts
Rome who decided controVed matters were
an order OF men distinct from the Praetor o.
preside over the deliberations OF the cour
and pronounce the opinion OF the Judices
The great majority, however, who have giveI
the subject serious Gomsluera.i2n aertf .,,,
they differ very materially IN their accounts
Of lis formation and crystallization into II:
modern state. The popular mind of England
long regarded 1t as indigenous in that King
dom, and assigned the honor of originating i
to- the unaided genius of Alfred, their myth
cal tnpcrsOnatiOn of legal lore In all It's dc
partments Many contcnted themselves Will
The assumption that it was brought owe
ready-madc by Hcngist and HOrsa. while Still
another class Of theorists contcndcd that l
was borrowed from certain kindred inst1tu
tions in certain German or scandinavian
lands.
The Offspring of Two Systems.
Historical investigation has now render
is the of spring of the two systems OF Recog
milton and C0mpurgatiOn. The system .
Recognition consisted in questions OF fact, re
latng to fiscal or judicial business being sub
decision from a consideration of facts ,withil
their personal knowledge. The rccognitorS o
sworn witnesses were not, ike our lnoderI
iurymen, trierS Of the facts alleged upon th'
evidence auuuccu, Uul "cIc AuiliiIloncu w TIC
o0nize from their own personal knowledge as
witnesses the truth with respect to the issue
made up between the parties Hence arose
the common law rule that every allegation o
a material fact upon which issue might b.
ioincd in the pleadings must be stated with /
Dluce and a time; with Il place in order to &C
Quaint the sheriff with the hamlet or neigh
bOrhOod whence to summon the jurors, ant
with time in order to discover which Of thu
inhabitants had knowledge of The matter
The system of Compurgation depended yer!
much ON the same principle. BY This practice
thn defendant I'm certain actions was above,