The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-30
Ancient History and Supreme Court
Opinions Quoted I'm Strenuous Op-
position to the Measure.
HOUSE PASSES BASEBALL BILL
LEGISLATION FOR INDIANAPOLIS
ALONE MEETS WITH FAVOR.
Sharp Skirmishes I'm Debate EnIiven
Sessions I'm Both Branches-New
Bills Of Interest-SfdeIighss

A flood of oratory in the Senate yesterday
morning drowned Senator Askren's bill pro-
viding that jury may return a verdict il
three-fourths of the members are i'm agree
ment. Not much had been said of the bill
previously. but there were few of the
senator's waiting eagerly a chance to
strangle ii. The debate was not confined
to prosaic argument or to the rehearsing
of events of modern life as proofs of the
bills weakness. On the contrary. chron-
icles of the reign of John Plantagenet one
time King of England, were brought from
medieval tones and used as weapons to
murder the bill. Besides relearning con-
siderable of the history of the days OF
Magma Charta, the senators listened to
long and excessively dull citations from
decisions Of the United States Supreme
Court. all tending to show that the bill was
unconstitutional and subversive of the
rights Of the people.
The nine-juror bill was called up on third
reading and Senator Ball, of Muncie, imme-
diately sent up motion that consideration
of the measure be indefinitely postponed
A half dozen senators were on their feet in
stantly in an effort to gain recognition from
the president. Senator Ball was given the
floor, and for thirty minutes he pleaded
with the senators to kill the measure
This bill proposes said the senator. Ito
make a radical innovation in the common
law Of the land. Such move, viewed
from every point of reason. is dangerous
No one but the people In their sovereign
capacity have the right to change the COM
mon law, and ii is function altogether
out of the jurisdiction of the Legislature.
The Senate should block every such at
tempt to get bills through that are so OBJ
viously foolish, as well as dangerous
COURTS DEFEND UNANIMITY.
Not only custom of many hundreds of
years has made IL imperative that the Jury
shall only return unanimous verdicts but
the highest courts of the land have de-
clared time and again that only unanimous
verdicts are legal and in accordance with
the spirit of the common law"
AT this point Senator Ball read numerous
citations of decisions. all giving emphatic
expression TO the theory that the Legisla-
ture or a State has no power to declare
how many jurymen shall return a verdict
None but the people," said Senator Ball,
have the power to change this fundamen-
tai law, for IL was they that made this law
as they made all others in the beginning OF
things"
Senator Ulrey, of Fort Wayne, who has
demonstrated on several occasions that he
can make good speech and that he can
think along original lines. led those Demo-
Gratis OF the Senate pronounced in opDosi-
tion to the bill. Senator Ulrey's prepara-
tions were significant of the blows he was
about TO strike. He gathered TO his bosom
four or five great. yellow. leather-covered
law books, history of the reign of King
John and numerous pamphlets bearing on
the subject under discussion. His eloquence
was spurred, perhaps. by the presence OF
Mrs. Ulrey, who was there for the first
time to hear her husband deliver his set
speech.
He went as far back as IL was possible to
go in getting proof OF the viciousness OF
the bill and wandered through the byways
of history until he found himself on the
field of Runnymede with the barons OF
England, successfully batting the King.
Then he described the origin OF the jury
system, recalling that in those happy days
IL was the right of an accused person TO de-
mand Of the king that he be given a trial
by battle. A tournament was forthwith
held, in which twelve fought on one side TO
uphold the innocence OF the accused and a
dozen the other to support the allega-
tions of the accuser. From that custom
arose the practice of having twelve men on
a jury, Senator Ulrey said.
Then a little later. when our ancestors
got out of the notion OF having trials by
battle the trial by ordeal came on. An ac-
red-hot iron certain distance. III he failed
to be burned he was innocent III the glow
ing metal scared the flesh the natural Opin-
ion was that the man was guilty. There
were other pleasant methods Of trial by or
| deal, said the senator from Allen, but pub
| lie opinion advanced a little more and in
the reign OF Henry III the petit jury was
established after the church had abolished
trial by ordeal in 12l5- Little by little, the
advantages OF the jury system became rec
ognized but even i'm those days. Senator
| Ulrey pointed out. the main value Of TIE
system was that unanimity was required
in returning verdict.
CAME OVER IN MAYFLOwER.
Slowly tracing the growth OF the jury
system and Aeeping tenacious hold on the
proposition that as the system became
more solidly established the theory of
| unanimous verdict also grew. the senator
| came down 10 more modern times and re-
lated the beginnings Of the jury system In
/ this country. telling how il was brought
across the Atlantic with the rest OF the
common law by the English Pilgrims.
Finally the courts began TO return de-
/ cisions on the very question OF the In
! yiolability Of the unanimous verdict theory,
/ and in every instance. so far as he was
/ able 10 ascertain. Senator Clrey said. these
decisions declared in favor or unanimous
verdict.
/ has held" SAID Mr.. Ulrey-and he read the
! citation I'm full-"that unanimity is one OF
| the peculiar and essential features OF trial
I by Jury under the common law.
/ The only speech made In favor OF the bill
/ was by Senator MilDurn, who talked until
] the senators twisted In their seats from
WEAKNESS and until a good-natured con-
i spfracy was entered into TO have the pre-
/ yious question moved. That duty was rel
ished by Senator Crumbeker. who had been
/ cheated OF an opportunity 10 say harsh
/ things about the bill on account OF the ex-
ceedlng length of Mr.. Milburn's speech.
/ Rut OF all Senator Parks was the most dis
| appoIntcd The senator from Marshall and
Koseiusko had been preparing for a week
~ speak against the bill. and he was loaded
l with facts and figures OF great potency