Evening journal., 1912-05-13
prLAMAREANs AND IuRY SERVICE.

there duty that is noher than that OF assisting
our courts justice ascertain the truth in relation
TO questions fact matter whether those questions
arise in civil litigation in a criminal process. Tho
Jury system of today is one Of the judi
oial institutions in the world II Of
the greatest achievements of English Jurisprudence
Therefore is a signal honor for any TO be re-
garded as sufficiently intelligent and discriminating to
be ht for service petit jury and to hold to the
questions Of fact at judicial relation that
the judge the bench holds to the questions of law
involved
Too many men seek TO evade jury duty because they
say it, compels them neglect their business and TO
make pecunary sacrifices they afford They
seem to forget that in a commonwealth such as we
have here is duty everyone rich and poor
alike to make sacrifices for the public benefit That is
being done willingly in many other lines by men OF
intelligence who shrink from giving to the people the
benefit of their services in the jury box A signal
honor is conferred upon any man selected for jury
duty Il is even greater honor for him to be selected
as one Of twelve try case, no matter whether
it be civil or criminal and assist court in hold
ing with even hand tho scales of Justice II shows
that the defendant whose liberty life is at stake
or the civil ltgans whose material interests are in
voved regard him man whose sound Judgment
and intelligence Of such superior order that tney
are willing to abide by his decision as to the prinoi-
pies of right involved in the questions of fact sub
mitted.
II is Of nrme importance to the success of the ad-
ninstration Of criminal and civil justice in our State
that the best men we have should hold themselves in
readiness at any time to sacrifice when called
unon for Jury service. There is no man in the COM
munty who has any that sooner or later he
will not be a plaintin defendant in an action and
dependent upon the sefsacrifcing work of other men
who are called try the II never has been the
policy Of the judges in our state to compel men to
I.,trf
ness opportunities to jurors. That fact alone
should impel all men who have proper conception of
civic duty to be ready cooperate heartily with our
Judges in the administration of Justice
The petit jury is an ancient and honorable insti-
tuition II has been in existence long in one form
or another that origin enshrouded in doubt There
are too many who. although we'll versed on other
lines, have only Inadequate conception OF what
their duties are when serving jurors Their prov
ince in the trial is restricted to passing upon
questions fact involved It is the province Of the
trial Judge or judges to pass upon questions Of law
involved and TO see It that only legal evidence IS
laid before the jurors On any rule or principle of law
that may he applicable to the case the jurors must
submit to the direction of the Judge judges. On
questions Of fact, however, the jurors have judicial
rights that may not be trespassed upon even by the
judges on the bench who trying the The court
may give directions as to tho weight, value and ma
independent Of the in passing questions
Of fact they hound by the directions of the
court relative to them. Therefore 70 will be seen by
those Delawareans who prone shrink jury duty
that when they serving jurors they arc as pow
erfu in their position judges Of questions Of fact as
the Judges on the bench are Of questions of law
There is another fact connected with the Jury sys-
tenn as it has come from England The general
practice is and has select jurors from the in
habitans of the locality within which the of ac-
ton has arisen or the crime has been committed That
enables the jurors bring independent local knowl-
edge assist them in the discharge Of their duties
Those who have studied the workings Of the jury sys-
tenn say that an element the value or which is by
means TO he ignored.
,ln England the origin Of the jury system is usually
asoribed to the work Of legislator King Alfred
There no historical foundation authorities say
such supposton Men of recognized standing in the
legal profession who spent years seeking trace
tho origin Of the system say that ascribng KinR
Alfred much than # Is to say that
copied from institutions to he found in this OF
that German Scandinavian land that it taker
to England by Henghst
Those who have read Canon stubbs on the subject
will recall that he says that many writer's author
have maintained that the jury system ndigen
GUS IN England deriving # from Celtic tradition
based the principles Of Roman law, and adopted b,
the Anglo saxons and Normans from the people thel
had conquered Others insist that # Is the product
the brain Of that legal genius Of the saxons
which Alfred is the mythic impersonation, or was de
rived by that nation from the of primitive Ger
many or from intercourse with the Danes Even hos
who admit that the system introduced from Nor
mandy do agree relative TO the from whic
the Normans obtained IT, All do admit, however tina
various features Of trial by jury be found in III
/ primitive institutions Of all nations.
Therefore those Delawaroans who manifest dis
inclination to jurors and assist the courts
getting the truth Of things. civil and criminal. wi
that the juror has been honored factor in publ
affairs Tor centuries upon centuries u also is 10
hoped that knowledge Of that fact will impel them +
respond more willingly for service in an honored in
sdtuton Of Jurisprudence that works for the good
any community in which IL exists
The secret Of why the so-cared unsuitable Whit
Star liner Titanic sank 50 soon after she had crsshe