The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-03
THE ORIGIN OF THE JURY.

So much has been said about juries
In this part of the state during the last
week that little light on the subject
will come in handy TO use on the man
who knows it all and is trying to impart
his mental possessions to you.
The jury, as part of legal proceed
ure, is quite old and has long ago had
all the freckles rubbed off its face, and
nice coating of antique moss on its
back.
King Alfred is supposed to have first
nut the jury into effect although the
authorities differ on this, Blackstone
holding that he did, and Bill Hackney
and Ed O'Bryan holding that he didn't
This is immaterial, however, as King
Alfred died before Bill Hackney was
born. At the time that King Alfred
was looking around to reform some
thing, he happened to hit upon the
jury plan and ever since that the poor
man has had something of chance
in law, provided his own lawyer does
not slap lot of Latin jargOn at him
and charge him so per jarg.
Before Alfred stepped in and made
a legislature of himself and passed the
jury law things were in pretty bad
shape. There was only one kind Of
trial. This was called the trial by
combat. We are pretty certain of this
because we got it out of the EncyclO-
nj Mi tria nj hU
bat was a curious procedure. One
man accused another of stealing roam
cow. The accused went home and got
a club and invited his accuser out
right there. The accuser usually fled
his petition by gently ramming the
pitchfork into the accused's person,
and the accused would come back with
After the accuser had got to his feet
and picked the pebbles out of his
mouth and brushed his hair out Of his
eyes, he rolled up his sleeves, took n
fresh grip on the pitchfork and filed
Il proecipe for summons by goucing
the accused in the stomach about
three gOuges. Before the accused
could get his club up in the air, the
accuser jabbed him another in the
stomach and got judgment for dam
ages. Kind friends then picked up the
accused and carried him home. It
took weeks for him 10 recover. There
were no lawyers then, but the fellows
from whom the race Of lawyers sprung.
We're living and it was these fellows
who called on the man who had been
punctured with the pitchfork and per-
suaded him to appeal his case They
told him he had the law on his side
and that If he would tackle that fellow
again he would sure win. They then
read lot OF Latin to him and said
| habeas corpus G pluribus unum vox
populi and he made up his mind 10
appeal.
-Four years later his case was appeal
ed. He met the same man again. This
man didn't want 10 fight bat the same
fellows, from whom the race Of lawyers
sprung went 10 him and told him 10
fight the case and not compromise IL.
So when the accused hove in sight he
put his pitchfork in again and turned
the accused's liver over once for luck
! and as waiver OF summons, and the
| accused came back with the club and
basted his opponent on the jaw as
writ Of nunc pro tune.
This thing went on for years until
both men were killed finally. and the
fellows who kept Up the Fight walked
OF with the COW.
| So what does Alfred do but establish
F, 4 court lie called IL the court OF
assize. When this court OF asslze was
| established man could decline the
| trial by combat and take tbs trial by
assixe. The accuser was now called
1 the plaintiff with an extra charged
and the accused the defendant $50 al
ditional ALSO. The fellows, spoken Of
! before. set themselves up IN regular
business The man who had his roam
/ COW stolen put his case into the court
/ OF assize and didn't have 10 Use club
/ or a pitchfork- lie never saw The
! cow again OF course, but he willingly
paid ten or fifteen dollars ID the asslze
| for the fun OF seeing the lawyers take