The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-02-07
BY COL. r. l.. HITCHCOCK.


have actually given a weeks time to
jury service in our courts. has sug-
gested the inquiry whether the rem
dering of such service on the part of
an American citizen is really n mat
ter for special commendation; or
whether we have not by long and unre-
strictcd usage, forgotten the real boon
we enjoy in the right to such service.
Have we forgotten history--the long
and bitter struggle. the bloodshed in
the establishment of the sacred rights
of trial by jury of our peers? This
is one of the rights secured in the
great charter obtained in 1915 from
King John. called the Magma charter.
1t has always been regarded as one of
the chief pillars of civil liberty. One
of our declarations of rights is that
no man shall be deprived of life, lib
erty or property without due process
Of law. And due process of law, is
the rights to he judged in these mat
ters, not by princes, kings or poten-
tates, but by n duly constituted court
of law by twelve good and true men
of the vicinage" the peers of the ac-
cuscd.
AN EXALTED SERVICE.
IL this right is so sacred and inviol-
able then the service as a juryman
is "a sacred and exalted service, calling
for the highest qualities of character
and intelligence; a service to be con-
scientiously rendered as one of the
highest and most honorable privileges
of citizenship. Its importance cannot
be over-estimated. In the intelligent
and honest exercise of this-perhaps
greatest function of free government,
| is involved the personal liberty of every
citizen as well as the security of all
property.
In the. administration of law, the
| facts involved in each case must first
| be authoritatively determined. The
| judges can then apply the law. The
| method of deciding upon the facts have
varied in different ages. AS far back
| as the days of Perices Greece had q
| system very nearly akin to our present
| jury system, called the "Dikasteries of
| Athens" The judicial power, civil as
well as criminal. was vested in "a series
| of dikast or panels of jurors selected
| annually by the people by lot. sworn
| and then divided into small panels for
| trial. But this perished with the an
| cient government of Greece. and from
| that time down to our modern era the
methods of determining the guilt or
| innocence of an accused party, or the
| facts concerning matters in litigation,
| have been exceedingly primitive and
| uncertain.
| For centuries these vital matters af-
| fecting life, liberty and property were
| absolutely in the hands of feudal
| chiefs or lords, who prescribed ac-
| cordinS to their caprice different meth
DDS, among them the wager of battle /;
| the accused was armed with a club.
| with one or both hands free according
| to the gravity of the offence charged,
| was made to fight a large and fierce
| mastiff. II he was killed he was gull
| tN: if he defeated the dog he was
| still liable to other tests. He might
then be bound and thrown into dcep
| water; if he sank and drowned he was
| surely guilty; If he floatcd, he might
| be subjected to the test of boiling oil
or water; thrust his bare arm up to
his shoulder in the scethng liquid; II
he was burned he was guilty.
\ FAVORITE METHOD.
| The fire ordeal was favorte
method. The accused was required to
take up with his bare hand red hot
iron, of three to five pounds weight, or
| to walk blindfOld over nine red hot
plough shares, placed lengthwise at
equal distances, Such things seem in
conceivably horrible in this enlighten-
ed age, but not so very. very long
ago, during the Colonial days, SINH
lar methods We're resorted to In our
own country to fasten the crime of
witchcraft upon innocent women and
girls.
| 1t is we'll to recall these things, lest
we forget the darkness from which
we have happily emerged. The jury
system is by no means perfect, but II
X the best human experience and
study has so far been able to devise
At its best, justice will not infre-
quently fail, because of the infirmity
of human judgment, When twelve
men, good and true, under their sol
emn oaths, have rendered their yer.
dict there is the end of the facts ir
dispute. The verdict may be al
wrong, but the law then must take It's
course. Courts OF review can set aside
verdict, but only 10 send it to an
other jury 10 pass upon, so that th(
final ward remains with a jury.
Less than year ago n young mar
Was released by executive pardon
from the pcnitcntiary of neighbor
ing state, after nearly eight years O
Incarceration; his health destroyed, hi
reputation blasted, and his young lf'
worse than wasted He had been ac
cused of a heinous crime and despit,
, all efforts, u jury of his peers hat
, found him guilty. Fortunately 20
, him, and We may say, contrary TO tn
usual course, time revealed his entir
innocence, and was given his liberty.
How many such cases there are tn
= judgment day only will reveal. Th
possibility of them as shown In thi
, case may illustrate how awfully i'm
= portant it is that this final word"-
r the finding Of the jury, shall be right
. that the means by which 1t shall b
reached shall be pure, untainted b.
fraud, untrameled by Indifference an,
ignorance, and unblinded by preju
dice.
INCLUDES OBLIGATIONS.
Citizenship in a free country include
!. certain obligations and responsibilities
l He who is unwilling to discharge thes
' conscientiously, Is unworthy of citi
zenship. our forefathers fought 70
ages for civil liberty, the two essen
tial features of which are the electiv
=, franchise and the right of trial by
jury of their peers; the privilege O
voting and the privilege of the jur
systein And yet, in these days, W
hear talk about the duty of servin
a upon juries; and men are now actual
!. commended for doing what those ia
| = al hppnpG III 20
of Soing.