The Farmville herald. (Farmville, Va.) 1957-current, 1959-01-06

A Civil Duty
facts. Of the credibllity OF the wit
nesses. and Of the weight to be
given 10 their testimony
The proper and efficient function
ing OF the Jury system is founded
upon tie idea that each juror pos
sesses Intelligence. integrity. sound
judgement and complete impartial
ny III the performance Of his duty
Tie decisions ot The Jll1y affect
The. properly rights. the lie. OF tie
liberty u those whose cases, come
before It. and the jurors sotlld be
glad sts Iair-innded men to per-
form their duty TO their country
and 10 thelr fellow men
When a person has been charg-
ed with an oifense against the law
and his g!nlt established beyond a
reasonable doubt. there should be
no hesitancy on the part Of Jurors
10 find tbs defendant guilty and if
the evidence has moi established
his guilt beyond q reasonable
doubt. there should De No hesitancy
ii returning verdict Of not guilty.
Glasses Of Cases
Cases coming before the courts
are divided into two classes civil
and criminal Civil cases are those
i'll which the adverse parties seek
the aid Of the court to ascertain
their rights and settle their differ
ences. Criminal cases are those in
which the action is brought in the
name Of tie Commonwealth to try
persons accused Of violating the
criminal laws Of the Commonwealth
Of Virginia and its cities. towns.
and counties. Criminal cases are
divided into two classes: felon.es
and nisdemenors.
Number of Jurors
iii a ciril case. when the con
troyersy j. for a matter less in
value OF amount than 100000, ex-
/. elusive Of interest and costs. the
Jury consists Of five persons. and
/ IN mos other civil cases the jury
consist. IF seven persons.
II 4 felony case the jury con
.sG> u twelve persons and in a
al.sde alneanor case it consists OF
fise persons
Tie Trial of Civil Case
For purposes Of illustration We
vii take a typical civil case Let
us cal the case John Doe Y.
against Richard Roc John Doe
the one who brings the action. is
he Iiain'iff Richard Roe. the one
again 1 whom the action il brought
is the defendant. Plaintiff and de-
PENDANT ara the parties T h E
amount sued FOR is more than
$3ge0o IAe plaintiff has filed II
writing q statement Of his claim
against the defendant. called a no
tice Of motion for judgement The
defendant. has denied the plaintiff i
claim in what Is called his plea on
grounds Of defense If the defend
ant has clam against the plain
tiff he files It in writing and it is
called a co1nterclaim These docu-
menfs are called pleadings n q
+ they present the issues Of fact and
law
Examination OF the Jury
Tho case Is called BIZ the judge
on clerk. and counsel for the plain
tiff and the defendant announce
that they are ready. The clerk di
reefs the panel Of thirteen jurors
to stand hold up their right hands
and take the following oath:
You VIII true answer make
10 such questions as may now
4 be propounded to you. So help
| you God
The Judge then states to the
prospective Jurors the names O.
the parties. and examines each
juror to ascertain whether he is
related to either Of them. or ha-
any interest in the case. or has
expressed or formed an opinion o.
is sensible Of any bias or prejudice
therein Counsel for the parties
NAV also Examine the jurors Each
juror should paw particular atten-
ton to the questions pfDpounded
ard if he knows Of any reason why
he cannot render fair and I'M
partial verdict he should so state al
this time # either party objects
to the qualifications Of any juror he
may introduce evidence In support
of his objection and, if it appears
to the court that the juror does
not stand Indifferent to the case
another will be called and placed
in his stead for the trial of thai
case In addition to this type O.
challenge of jurors. which is known
as challenge for cause, the parties
each challenge three jurors per
emptorily without assigning any
reason therefor. A list containing
the names Of the thirteen jurors is
handed to counsel by the sheriff OF
his deputy Counsel for the plain
tiff strikes three jurors and coun
sci for the defendant strikes three
Jurors. The striking Of the Jurors
is done alternately. counsel for the
plaintiff beginning The six jurors
thus eliminated by the process O
striking are told TO stand aside, an(
the remaining seven jurors are
sworn by the clerk in the follow
ing language:
lyon will well and truly try