Trial by jury has been for centuries one of the most jealously guarded rights of the people. This is the great guarantee of a just decision as to facts. The Magna Charta, wrung from the unwilling hands of King John at Runnymede in 1215, dealt with the rights of the English people at large: their right to good government, their right to security of person and property, their right to justice. One memorable article that lies at the base of the whole judicial system reads: "No freeman shall be taken, or imprisoned, or disseized, or outlawed, or banished, or any ways destroyed; nor will we pass upon him, nor will we send upon him, unless by the lawful judgment of his peers or by the law of the land" (10). Established here by our ancestors, this right of trial by one's peers has come to mean a trial by an impartial jury. The State constitution (7) says that trial by jury shall be as heretofore, and the right thereof remain inviolate.

The Jury. A jury is a number of men qualified and selected as the law prescribes, and sworn to decide what are the facts in any case, and to declare the truth on the evidence given. It renders its verdict, after hearing the evidence of the witnesses. The term verdict is from verum dictum, "a true saying." A jury trial is of less importance as a guarantee that justice will be done in civil cases than in criminal cases where life and liberty are imperiled; so the constitution (127) allows the parties to a civil suit to dispense with trial by jury, and submit the decision to the court having jurisdiction. By the court is meant the judge or judges conducting the trial. The judgment rendered is subject to writ of error, as in other cases.

The law provides for two kinds of juries, the grand jury and the petit jury.

The Grand Jury.—In criminal cases the law takes spe

cial precautions lest innocent persons should suffer wrong. The grand jury may indict the accused person; if this is done, a petit jury tries him. The grand jury deals only with criminal cases, and decides which of these shall be brought before the court. The grand jury consists of twentythree men from a panel of twenty-four summoned for duty. The court appoints one juror as foreman; and excuses one juror to avoid ties. The judge, on impaneling a grand jury, charges it to inquire into the offenses against the laws of the State, and to report its findings. By means of a preliminary hearing of evidence presented by the Commonwealth, that is, the evidence against the accused, the grand jury determines whether the persons arraigned for crimes on suspicion shall be tried or dismissed without trial. The jury sessions are secret, no one but the district attorney and witnesses being allowed to be present at its sessions. Only one witness against the accused is allowed before the grand jury at one time. The mode of procedure is very deliberate, and the jury must first decide that a crime has in all probability been committed. If a case is made out against the accused, the foreman indorses the bill of indictment, and it becomes "A true bill." If not already arrested, the person named is taken into custody. When the evidence is not judged sufficient to warrant trial, the bill is indorsed "Not a true bill," and the accused, if already arrested, is released. Twelve members of the grand jury must concur in any indictment found. Sometimes a written accusation is presented by the grand jury upon its own motion, that is, without waiting for a bill to be framed and presented by the district attorney. Such a formal accusation is called a presentment. There are three ways in which one suspected of crime may be accused formally of the offense: by in

formation, by indictment by a grand jury, and by presentment. The information is a written accusation, presented under oath by a prosecutor, to the court having jurisdiction of the offense charged therein. It is the form of accusation used in cases of small magnitude, although in some States it is used almost to the exclusion of every other.

Certain duties of a supervisory nature are performed by the grand jury; these are the annual inspection of the prison, poorhouse, courthouse, and other public buildings of the county, and the approval of the location of county bridges.

The grand jury does not try cases, but merely makes inquiry into them. Why, then, is it necessary to the course of justice? The grand jury is instituted to protect innocent persons from the trouble and expense of defending themselves in court against false accusations. It has been claimed that this protection is not always afforded; yet grand juries do not often indict persons unless there is strong possibility of the accused being found guilty on trial. The fifth amendment to the Constitution of the United States expressly provides for the institution of grand juries. See also (11) in the State constitution.

The Petit Jury. This is the jury which is to discover and pass upon the facts in a case at law. In any single case in law it consists of twelve men, all of whom must agree in a verdict. After hearing the evidence, the pleas of the attorneys, and lastly the charge of the judge, the jury retires to a room and makes up its verdict without consultation with any person but the judge. In criminal cases the verdict is "Guilty" or "Not guilty"; and in cases of misdemeanor where the verdict is "Not guilty" the costs may be placed upon the defendant, the prosecutor, or the county, or they may be divided in such manner as the jury may deem proper.

If the jury cannot agree upon a verdict, it is called a "hung" jury, and a new trial before a different jury must be ordered.

In civil cases the mode of procedure is very similar. Verdicts take the form "For the plaintiff," or "For the defendant." In those cases wherein damages are awarded the jury fixes the amount.

Drawing the Jury Panels.-The manner of selecting the grand and petit jurors is prescribed by law. The jury commissioners of each county, and the president judge of the district, or the associate judge of the county if not a district by itself, meet at the county seat at least thirty days before the first term of the court of common pleas each year and select alternately from the list of qualified voters a certain number of names. These are written on slips of paper and locked up in the jury wheel, the key being given to the sheriff. On an order, issued by the prothonotary to the sheriff and jury commissioners before any term of the court of common pleas, the names of the number of persons who are to serve as jurors are drawn from the jury wheel. The number of petit jurors drawn is usually from forty to sixty. The persons are then summoned by the sheriff to appear in court, and the panel of names is returned to the prothonotary.

In a similar manner the clerk of the court of quarter sessions and of the court of oyer and terminer, under the direction of the courts, issues a writ to the sheriff and the jury commissioners to draw and summon a grand jury, and also petit jurors to act in such cases as are to be brought before these courts.

A juryman receives compensation at the rate of two dollars a day during the time of his service.

Selecting the Jury for a Case.-In selecting the twelve

jurors for a particular case, either side may object to a juror if he has already made up his mind, or is strongly predisposed, or is related to the accused, or, in cases of murder, if he disapproves of the death penalty in case of conviction. Such objections to jurors are called challenges. Besides challenges for cause, each side is allowed a certain number of peremptory challenges for which no grounds need be stated.

Employing Counsel: Witnesses. It is usual for a man who is involved as a litigant to employ a lawyer to manage the case before the court, although it is lawful for any one to plead his own cause. After the selection of the jury by the counsel for the defendant and the counsel for the plaintifi or the prosecution, the witnesses are examined and crossexamined. The counsel on each side examines the witnesses that he brings in behalf of his client, and cross-examines those brought to the witness stand by the other side. After the evidence is all in, the counsel for the plaintiff or the prosecution presents his side of the case to judge and jury in an address called an argument. The counsel for the defense follows. The judge's charge to the jury sums up briefly the history of the case as presented in court, and instructs the jurors as to the law applied to the case before them. It will be seen that the judge's charge is a very important element in the determination of the verdict. The jury may return to the judge for further instruction upon any points in regard to which they may be in doubt.

Witnesses are summoned to appear in court by a legal writ called a subpoena-that is, "under a penalty" in case of disobedience or contempt. In all criminal prosecutions, the accused has the right to have compulsory process for obtaining witnesses in his favor (10).

The Appeal. If the defeated person in a suit still thinks