Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-06
Criminal Trials Growth
Early Saxon Ordcals and Com.
purgaiion Displaced by Jurics.


by ordeal; In civil cases. by battle
These modes OF trial were Of 5axor
origin.
Formerly, when a person was accused
Of a crime, he might purge .himsrli
upon oath OF the accusation mad,
against him whenever the proof was
not the most clear and positive; ant
If upon his oath he declared himself
innocent. he was absolvcd.
This usage. so emincntly calculated
to encourage perjury by imnunity. was
soon found to be- dangerous TO the pub
lie safety TO remove this evil The law
were changed by requiring that ms
oath should be administered with ths
grcatcst solcmnity; but the form wa:
soon disrcgarded, for the mind became
easily familiarIzcd to those ccrcmOnic;
which at first imposed on the imagina
ton, and those who cared not to vio-
late the truth did not hesitate to treat
the form with contempt
In order TO give a greater weight tc
:ie oath OF the accused tie iaW was
again altered so as to require that The
accused should appear before the Judge
with q certain number Of hts neigh
bors, who were freehOldcrs OF the hun
drcd. who should swear that they b.
licved the accused had sworn truly
This new species OF witnesses were
called corrpurgators If it was not his
first otfensc or II his compurgators die
not agree to make the oath. ne was pus
10 the ordeal.
The ordeal was an ancient super
etitious mode of trial. III" trial BY
ordeal was either by fire OF b. water
and perhaps in less important forms
Those who were tried by the former
passed barefouted and blindfoldcd over
nine hot glowing ploughsharcs. or were
TO carry burning irons in their hands
and accordingly as they escaped or not
they were acquitted or condemned. Tic
weir ordeal was performed either III
hot or cold water In cold watar :he
parties suspected were adjudgcd limo
cent If their bodies were not borne IN
BIZ the water contrary To the cour9e OF
nature: and II after putting their bare
arms or legs into scalding watsr they
came out unhurt. they were taken TO b.
innocent OF the crime imputed 10 them
1t was supposed that God would. BY
thu mere contrivance of man. exercise
His power in favor of tl.c innocent.
II Is said this method of trial opened
the door to corruption. and that con-
victions were hard to get. II was con-
demned by the Lateran Council of 1915
and prohibited in England by writ adj
dressed to certain itinerant justices In
1919
A man of good repute could USUALLY
clear himself by oath: bit circum-
stances OF grave suspicion or previous
bad character would drive the defend
ant TO stand trial by ordeal.
The trial by battle was applied &c
cases Of civil nature It was O Nor
man institution. The litigants 10 the
cause engaged in combat in the pres
cnce OF the judges. Heaven being ap-
pcalc6 To TO give the yic;ory TO him who
vas III the right. Trial by battle was
not abolished in England until 1919
In later years. when In criminal
case the. accused was arraigned. he
might select the Mode Of trial either by
Cod and his country. that Is, by jury
or b. God only, that is. By ordeal.
Originally luries were called in. not
TO hear. but to give. evidence They
were the neighbors OF the parties and
were presumed TO know when thew
came into cour: the facts about which
they were to testify. They were chosen
by the sheriff to represent the neigh
borhood The verdict was the sworn
testimony OF the country side
BY slow degrees the jury acquired q
new character. Sometimes when the
jurors knew nothing Of the facts. wit
nesses who did know the facts would
be- called IL TO supply the requisite in
formation. They became more and
more dependent on the evidence giver,
In their presence by those witnesses
vino were summoned by the parties
In the fifteenth century the change
had taken place, though in yet latCl
DAYS, a man who had been summoned
as q juror and sought TO escape on the
ground, that he already knew something
Of the facts might be told that he had
given a very good reason for his being
placed in the jury box.
Il may we'll be said, therefore, thst
trial by jury. though 1t had It's roots in
the Frankish inquest, grew up on Eng
lish soil.
Early In the reign of Henry " evil
dcnce was required 10 be gwen ut the
bar of the court. and the modern prac-
tice or method o. jury trials had It's
origin.
At present the jury Is composed o!
persons who are unacQuainted with TIE
facts. bat are informed IN regard to
them by the testimony introduced IL,
their presence. They decide. not from
what they know o! the case. but from
the evidence furnished by those who
have testified as 10 the facts,
II was declared by the Supreme
Court OF the United States, In an op,n-
ion delivered nearly 100 years age that
the trial by jury Is justly dear 90
the American people, II has always
been an object OF deep interest and
solicitude. and every eneroachment
upon 1t has been watched with great
jealousy. One o! the strong
est objections originally taken againS,
the Constitution ri the United States
securing the right OF trial by fury III
ton was adopted this right was Sc
cured BY the seventh amendment OF
the Constitution proposed by Congress,
and which received an assent Of the
people so general as 10 establish its
Importance rs fundamental guaran-
tee of the rights and liberties Of the
people"
In equity and In equitable proceed
inss, including contempt proceedings
and certain other summary and minor
the trials are usually conduct
cd by the court alone,
In the United States the function of
the jury il 10 determine the facts o.
the case, and generally IN criminal
eases To render verdict Of guilty OF
not guilty. and In civil eases TO md
for the plaintiff or the defendant, The
decision Of points OF law IS by the judge
In trial without jury the Judge de-
rideS both the law and the facts, and
IN all e,vil trials, in the Absence Of
statute, he may set aside all verdicts cs
juries OF dispose Of civil and criminal
eases without u jury upon questions OF
pleading. practice III rules Of court,
About the only thIng a trial Judge nj
TODAY cannos lawfully do Is tn set aside
Of ignore the verdict ot not guilty rem
dered by Jury ~ criminal ease
WILLIAM MEfEtehOFF
FalIacy l. Charged