The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-01-06
Nn Answer to a TIMES Subscriber

The jury system. its origin. it's future
place in Jurisprudence and in the law
of the land are subjects which have at
all times brought forth expressions of
great difference of opinion among
lawyers and law writer's, but of late
years the layman has taken a healthy
interest in the Institution which con-
Germs him so vitality 1t is especially
when he hears of a verdict which ap-
parently is abortive or freakish that
he stands aghast and asks Whence
comes this SYSTEM
I To the erudite inquirer paper read
by the Hon. Charles o. Bates before
the Washington Bar Association would
be of interest. Extracts from it are
sub Joined:
The question of the origin of the
| trial by jury says Mr.. Bates, lis one
that has caused, probably more conflict
of authority than almost any subject
contained in our present system of
Jurisprudence.
1T is now conceded by all scholars
and writer's upon this subject, who
have given 1t years of study and at
tention, that a system similar or lea st
with some of the peculiarities of our
! among the Eastern nations before
Christ. 1t is said that among the ORR
entail nations trace can be found of
system of jury trial. or of any sys-
tenn of trial containing any of the
| cha racterist tics of the present jury sys-
tenn With the Jews and Phenecians
| the administration of the law was ex-
ercised entirely by the priests, who
were judges both of the law and the
fact.
1T is claimed by many eminent
authorities that our present jury sys-
tenn is derived directly from the
Grecian law; and. though there is very
| Interesting conflict of opinion as to
this, it would seem that in the institu-
ton known as diseasteris. provided for
by Pericles in 4s7-42S b. c. there is
some resemblance TO our system. Ac-
cording to this system 5000 citizens
above the age of 80 years were i'm
panelled each year, 500 in lot.
During the time OF the republic" MIR.
Bates says further and also of the
, empire. of Rome, the system of what
was known as the JUDGES prevailed.
An important feature of this system
was in fact that the pronoancing of
| judgement was not. as a general thing,
| left to the magistrate, but to private
persons invested by the magistrate
with a judicial commission to try the
case in hand The magistrate conduct
ed the trial and it was the duty of the
JUDGES, who were selected from private
citizens. to decide the question of fact.
Among the ancient Germans, history
mentions an institution strongly re-
sembling the Greek dicasteries. but
with less resemblance to the Roman
| JUDGES, and in a very remote degree
resembling the present jury system.
1T is said that there is no trace of
any system in any way resembling the
modern jury system having existed
among the ancient inhabitant of
Britain. who were the Gallo or Celtic
race the Druids, who were their priests,
acting also as secular judges
After the conquent of Britain by
Angles and Saxons. and until the reign
of Alfred (S71 -9o1) very little is known
concerning the methods of trials or
Jurisprudence in that country.
TT is claimed, and there are many
Interesting articles written, upon this
| subject, that the right of trial by njyr
originated IN the Magma Charta. which,
in the popular version. IS usually rend-
cred that no man shall be deprived of
life liberty or property, save By the