The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-06-18
ADMINISTRATION OF THE LAW.
Important Promlems Ably Discussed
by Judge Memminger.


OF Trial by Jury" came from a prac-
tical worker In the field of the admin
istration of law In South Carolina
who has had ample opportunity TO
see the system in use and who knows
It's fault and deficiencies.
Beginning his address last night
Judge Memminger said:
Roughly stated. the system of trial
by jury has been in operation from
It's appearance In England, in sub
stantially its present form. for nearly
900 years.
Originally Jurors were witnesses
TO the transaction at issue, or persons
who would swear as witnesses to
their belief I'm the guilt or innocence
OF the accused; and there was no
such thing as a grand jury; but grad
ually 1t seems. owing apparently to
the natural unwillingness of persons
TO come forward and make accusat-
ions of crime, or perhaps to the de-
sire OF the people that no persons be
brought to trial at the instance of
the government. without the interven-
tion of the grand jury as representa-
tives of the people; 1t was found ex-
pedient 70 have a body Of sworn ac-
cusers. and the grand jury, as such,
becaume fixed In the English law CAL
though it's precise date and origin Is
difficult TO discovers and the petit.
or trial, jury lecame. as they are now.
not witnesses, but men drawn at
large from tho neighborhood. who
hear the testimony of witnesses and
decid, the issues of fact.
Features of Jury Trial.
THE most unique and characters
tic feature az the system of trial by
jury may we'll be said to be: The
number IL. ne essary TO constitute a
jury; the rule of unanimity, where
under the verdict must be by all the
IL. instead Of majority or other
numerical proportions; the exemp-
tions from jury service; and the right
OF peremptory challenge.
"As TO why IL was the number Sc
lected. no sound theory has ever been
evolved. One learned author states
that this number was not confined to
England nor i'm England nor else
where. 10 judicial institutions. Anoth-
er attributes IL TO IL being the favor
tie number among the Scandinavian
nations for constituting court.
Another that II was in analogy TO the
fact that the prophets were IL to
foretell the truth; the apostles. 12 TO
preach the truth; the discovers. IL
sent to Canaan 70 seek and report the
truth; and the stones. IL that the
heavenly Jerusalem is built upon.
Rule OF Unanimity.
"The next curious and unique fea-
ture OF the system OF trial by jury.
and the one of all others which per-
haps has excited more discussion and
the rule of unanimity. 1t has been
condemned universally by many high
authorities; and apparently the weight
OF opinion Is that II should not pre-
vail. except in criminal cases. ex-
cluslvely.
'ln our own state, one OF our
Judges. (the late lamented Judge
Hudson), in an able charge TO a
grand jury, declared strongly against
this rule and for majority of two
thirds verdict. Among many other
cogent reasons In support of his opin-
ion. he urged that the rule of unani-
NIFTY renders consultation in the jury
room so tedious. protracted, onerous
and disagreeable, that good and true.
intelligent and competent men are
averse 20 the service and resort often
To subterfuge TO avoid the duty and
escape It's hardships. on grand
turies they serve willingly, but on
petit juries with re'uctance.'
con the other hand. the reasons
which support the rule Of unanimity
are not without great force; and, as
was we'll said by student OF the sub
Ject (who after careful study. him
self favored the rule): 1T often hap
pens that IL Is the one competent.
thoughtful. conscientious juror who,
by his dissent compcls a full and
fair consideration OF the evidence.
and thus becomes safeguard against
precipitancy and passion In the rend-
erlng OF vcrdicts. The fact alone that
unanimity must bee reached before a
verdict can he rendered. tends strong
IS. beyond doubt. To produce fair
delibcration and due discussion I'm
reaching the verdict "