Trial By Jury

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I think the most serious aspect of trial by jury, is the mode of their selection, and the rule requiring unanimity in its ver- dict. ■Pormerty where jurors could not agree in their 21 verdict -upon an assize, they were af forced, that is, an addition v/as made to their knowledge and means of judging by adding to their number others acquainted with the fact, and the decision depended on the opinion of the majority. This practice being inconvenient, fell into disuse, and it became a settled rule ...that the verdict should be the ixnanimous verdict of the original twelve jurors, and in case of disagreement means should be used to compel them by confining them together without allowing food or fire or conversation with others until they had agreed; and if not before agreed, by conveying them in carts after the judge in his progress on the circuit to the border of the country. This we will all agree was an unreasonable practice and attended with 22 great tro-uble and inconvenience; but still we cling to it with the same amount of unreasonat)len3ss as was found in that practice itself.

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