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Updated: May 8, 2025
Juries might make editors pay for the privilege of expressing their feelings of contempt or hate, but they were not inclined to send them to prison. The indictment in this case was based upon a criticism of "Home as Found." The review, which was of several columns in length, had appeared in the "Courier and Enquirer" of November 22, 1838. The attack was moreover a skillful one.
To have a trial by jury is, as a general rule, the right of every man who sues or is sued in court on a cause of action not of a kind to be disposed of in a court of equity or admiralty. The American colonies did not all adopt this mode of procedure at first, and few of them ever practiced it precisely on the English plan. In the colony of New Haven there were no juries.
There were others who formed the juries of the criminal tribunals whose duty it was to judge the accused; these were called, in contradistinction to the jury of indictment, the judgment jury. The criminal tribunal, to which Napoleon afterwards gave the name of criminal court, was composed of one President or chief justice, four judges, the public prosecutor, and a government commissioner.
They are printed beforehand and everybody gets a copy. Preparation consists in the rehearsal and the carpentry of setting the scene. Any lawyer knows how important the pleadings are, but nobody else does. The judge does not pay any more attention to them than he has to. Juries hardly ever see them; if they did, they could not understand them.
"So much the worse for you." "Looks like," Weaver nodded. Then he added, almost carelessly: "I expect there wouldn't be any use mentioning the law to you? It's here to punish the man that shot Menendez." "Not a bit of use. You own the sheriff and half the juries in this county. Besides, we've got the man right here that is responsible for the killing of poor Jesus." "Oh!
If it becomes, not difference in opinion upon law, but a trial of spirit between parties, our courts of law are no longer the temple of justice, but the amphitheatre for gladiators. No God forbid! Juries ought to take their law from the bench only; but it is our business that they should hear nothing from the bench but what is agreeable to the principles of the Constitution.
"Oh, of course," rejoined the other, with a grim chuckle; "it's always false the first time, and as often afterward as we can get the juries to believe us. I'm an old hand myself, and my feelings are not easily wounded; but I have never yet disgraced myself by pleading guilty.
But it is to be observed, that though in considering the bill of exclusion, the militia bill, and other legislative proceedings, the plot, as he defines it that is to say, the design of introducing popery and arbitrary power was the important point to be looked to; yet in courts of justice, and for juries and judges, that which he calls the appendage was, generally speaking, the sole consideration.
Eight on the second floor, for the Executive, the Senate, and six rooms for committees and juries: and over four of these smaller rooms of the second floor, are four mezzininos or entresols, serving as offices for the clerks of the Executive, the Senate, the Delegates, and the Court in actual session. It will be an objection, that the work is begun on the other plan.
It must be admitted, of course, that the juries, in these cases, judged the matters of law, as well as fact, unless it be presumed that the knights dictated the law to the jury na thing of which there is no evidence at all.
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