The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-03-08
TRACES HISTORY OF
JURY SYSTEM

By F. A. B.
Apropos the editorial captioned,
Dangerous Precedent appearing
in The Times Feb. 2, and concern
ing the judge who withheld the pay
of the jury in case where it's YER
dict was displeasing to him, it might
be generally interesting to give a
brief history of the bases and de-
velopment of our present jury sys-
tenn.
The earliest information concern
ing the right to appeal to the people
irrespective of the juridicaI powers
of the courts dates back to the
Romantic juridicus. Perhaps the
trial of Jesus is the first historical
event relative to this subject. It
will be remembered by readers of
the Bible that the Master was
brought before Plate, the judge,
who, upon examination of those
who brought testimony, asked "Why,
what evil hath he done?" And he
took water and washed his hands,
saying, ST am innocent of the blood
of this just person"
But, according to the law and
the custom of that day, there was
another court to satisfy, the court
of the mob. Although by the law
Of the courts the accused was found
not guilty as charged, yet by the
rule, undoubtedly lawful one, of
the mob He was made to suffer
the penalty, not jurisdictionally adj
judged, but the penalty of mob
hatred.
Succeeding Roman events show
that the mob spirit was catered to
even by the law judges. AS one
step beyond the general mob rule,
which had become so out of bounds
in its power as to threaten the
courts, the courts created a coun-
Gil of ten citizens to represent the
mob, these selected ones were called
"decemvirs" and were clothed mere
ly with the power Of fact finding,
and upon the representation Of facts
as found by them to the court the
law was applied by the court.
In early English history we find
that the church was a co-adminis-
traitor of the law with the state,
the canonS of the church having
to do with all matters concerning
persons while the state controlled
questions relating to property. With
the granting Of the magma charter
the power Of the church was greatly
curtailed and the people were again
permitted to join with the courts in
the administration of justice. Then
came the jurata of twelve men,
which was established to take the
place of the old form Of the De-
cemivers, the Decemivers being con-
tinued as petty judges assisa. This
number twelve was chosen as d bit
of SOP to the church which bitterly
resented its loss of power, and the
twelve were representative of the
twelve apostles in whom, under the
church teachings, rested the wisdom
of divine revelation.
In view Of this brief history Of
the mob idea being developed to
our present jury system, and such
development being merely to the
effort Of keeping our courts close
to the people, why all this pother
about mob ruler" When we law
fully submit our causes to the twelve
apostles sitting in SOL
emn judgment and find that after
all the mob spirit, being stronger
than the apostolic one, the cry of
cruelty him" prevails, even when
the astute judge takes water and
washes his hands before the multi
tude."
Also, while it i'll becomes the mod
ern Plate 10 censor the twelve rep
resentatives when they demand,
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