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Thank you very much for your kind way Good evening ladies and gentlemen it is a pleasure to have the opportunity of speaking to you is afternoon on the subject of trial by jury the jury system is one of our oldest institutions in the administration of justice it has been used for centuries both in criminal prosecutions and in the trial of cases at common law the Constitution of the United States and of all of the states including our own state of New York contain explicit provisions designed to protect the right of the citizen to cry out by jury in cases where that right is appropriate or has had clogged in you you have heard an able address by presiding justice Martin of the appellate division on the subject of the grand jury in the first of this series of addresses on the jury system. You have also heard a clear and convincing statement from district attorney do it that must've aroused your impressed in the trial that a jury and I want to call your attention in addition to what they have said to certain features of the jury system and its importance to us all a few things I'm off family embedded in the American system of administering justice and trial by jury while it is not generally used in civil cases in equity nor in Admiralty nor in certain other special classes of cases and while there is minor crimes may be tried without a jury the system remains in full force and effect today in a large number of actions that law such as those on contract damages for wrong negligence and invasions of the rights of person reputation off property it also is the method of trial for the more important criminal prosecution. There is no doubt in the minds of all of the crowd by Dorie is the accepted and expected means by which case it is the law will be awed narrowly determined and by which anyone accused of serious crime will be tried. The same thought was in the minds of the framers of our Constitution and has remained sell to the present time. That's the first one of the foundations set forth in the fundamental law upon which trial by jury stands today the provisions of Article three of the Constitution of the United States and the sixth and seventh amendments to the Constitution doesn't proceedings in the federal Koch Article three prescribes that the trial of all crimes except in cases of impeachment shall be by Jory the SEC's the management provides that in all criminal prosecutions the accused shall enjoy the right to a speedy a public trial by an impartial jury of the state and district wherein the crime Taliban committed he is also also have the right to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in his favor and or have the Assistance of Counsel for his defense the seventh Amendment deals with civil cases in the federal Koch It is there lay down that insult to common law whether value in controversy exceeds twenty dollars the right of trial by a jury shall be preserved and no fact tried by a jury shall be otherwise reexamined in any court of the United States then according to the rules of the common law these provisions I should repeat relate to matters in the cost of the United States we may pause for a moment before discussing juries in the New York State Koch did not these provisions of our national constitution. Not only is the trial of offenses against the United States the by Jorian all criminal prosecutions but it is to be a speedy and public trial so that the accused will not be subject to the abuses of the middle aged when those under suspicion might be imprisoned for years without trial all in stock chamber proceedings made up pressure and injustice possible moreover the jury must be an impartial jury of the district where the crime was committed this prohibits a trial by a biased or partial jury and in addition the accused is entitled to notice of the charge against him and to his day and caught and to have the assistance of counsel in several cases in the federal courts the right to trial by jury is preserved in all but minor common law cases those apply to dollars all left and the decision of the jury on the facts has to be binding and not to be re-examined in any other federal court except in the cases where by common law it might be reversed or otherwise disposed of. Dorry's on after acquired by the Constitution in causes an act with the Admiralty of bankruptcy. Turning now to our own Constitution of the state of New York which governs cases in our state Koch Article one Section two provides that the trial by jury in all cases in which it had been heretofore you shall remain in violate forever. But I Jory trial may be waived by the parties in all civil cases in the manner to be prescribed by law the legislature has prescribed by law accordingly and as a result in many cases in New York City it may be waived on last demanded it may not be a way in criminal prosecution. And attempt to allow a waiver of a jury trial by the defendant in all criminal cases defeated by the people at the last general election. This shows the widespread belief on the part of the public in the value and importance of trial by jury in criminal prosecutions. The Constitution now Father says that the legislature may provide however by law that a verdict may be around it by not less than five six of the jury men cost during a jury and then a civil case this last sentence was added by an amendment approved at the general election in one hundred thirty five Fact of on January one thousand nine hundred thirty six it is confined to several cases in criminal cases the verdict still must be unanimous. You will notice that by the state constitution the right trial by due Sion the right trial by due to those cases in which it has been heretofore you and I just for this reason that there need not be a trial by jury in cases in equity or in certain other special kinds of actions like mandamus and others whether right did not exist in this state prior to the adoption of the constitution of eight hundred forty six where However as in the great majority of common law cases the right did exist before that time it cannot be denied by the legislature or by the court and this applies also to cases of a similar character arising under statute passed after the adoption of the Constitution. It is true that there are certain exceptions and I would not take up your time with a detailed discussion of them. And then much to the state constitution in the past twenty five years have permitted awards of weapons compensation without a jury trial and I've also recognized or established a trial without juries of missed minutes by the courts of special sessions and various local court and of special matters by the children's and domestic relations Koch generally speaking the changes have been few and far between. And trial by jury remains today the most vital and important function of government and the administration of justice in which the citizen is called upon to play a leading part in times of peace. A trial by jury to which our Constitution refers is a trial by a common law jury of twelve it used to be twelve men but now that women may also show it is important that they should know something about it and I hope that there are women listening tonight they will be interested and will try to learn as much as they can about this great institution in the proper and just conduct of which they may now take their part. It was said by the Court of Appeals as long ago as eight hundred seventy three in an important criminal case that any act of the legislature providing for the trial otherwise than by a common law jury composed of twelve men today it might be men and women would be unconstitutional and void and any Act requiring or authorizing such a trial by jury partial and biased against either party would be a violation of one of the essential elements of the jury referred to in and secured by the Constitution this right of trial by jury protected and preserved by our federal and state constitution is not only one of the fundamental rights of the citizens budget a safeguard to every citizen against oppression the will of all women rulers and the imposition of injustice I just pray all the narration is full of cases that lead us to be thankful for the existence of the jury system now to see what their system is and how it worked when the jury is impaneled and then swung to well and truly try. And around road crew and just verdict according to the evidence the trial has begun but this is not the first step in the jury system. In New York County Commissioner George has a list of trial Joris qualify for jury service and trial jurors are selected by him the names are placed in boxes and he or his assistants how to collect a deputy and one of modules of the caught of records must attend to witness and assist in the drawing which must be done publicly without seeing the name on the ballot only citizens and residents of the county only real or personal property of the value of two hundred fifty dollars all their wives or husbands between the ages of twenty one and seventy qualifies trial jurist they must be of sound mind and character and in addition to other requirements able to read and write English the punishment drawn must be given notice to attend with which knowledge they must comply and it is from the panel itself form that the jury is chosen subject to the right of challenge by either party within the limits prescribed by law at the opening of the time of the court of records the correct prepares the ballots containing the names of each person returned to the time of the trial Giora and deposits them in the ballot box when a case brought to trial the Collect draws as many of the ballots as are sufficient for majority. After the jury is charged the ballots with their names are again returned to the box and the same cost but showed as often as an issue is brought to trial by jury. When the jury Aswan they are ready to exercise that power of deciding the facts in lawsuits between individuals or in prosecutions of crime as the case may be. It may be a case where the defendant's property is at stake or is life all of the things that come before a jury is all a wide range of the business commercial and personal affairs of life. There is no drama comparable to that of an important trial involving life liberty or reputations. The jurors witnessed the shop contest of which between counsel and I ration of events five witnesses that cross-examination on the hopes and aspirations of the party. They see the caught presiding over the trial and hear the rulings on questions of law they listen to the arguments of the attorneys for both sides in the case is far and against all summed up and every fact or implication that may help to sway them for one side all the other expounded and analyzed they have the judge's charge when he explains the law that misguided them in reaching that conclusion and when they are tied to the jury room prior to reach a just verdict the juror who had not before has had his eyes opened to what is meant by trial by jury. Their own discussions in the jury room they share with no one else it is here that after the restrictions and rules of the profit room the jury actor side is a right of discussion then free debate many a lawyer would be glad to know what goes on in the privacy of the jury room. The jury having reached its body returned to the caucus room to hear the verdict announced by the farm and when each euro has been finally excused from further duty for the time he can feel that he has fulfilled his community obligation when we realize that in the last analysis all of our rights our property happiness and levity may depend on the verdict of a jury we do not need to be told of the vital part of the trial by jury plays in the community. After a pause for station identification This is the municipal Broadcasting System. York City's own station W N Y C. We continue with the third in this series of addresses upon the Jodi system its history its importance and the civic duty of joy service speaker Colonel Cornelius W Y question will give you the second part of his talk on trial by jury colonel with us district attorney it go it was correct when he said that everyone should have added Joran if you want on your neighbor's jury and he was on your how can either of you expect the system to work was successful it depends upon reciprocity a sense of mutual duty to each other to show our majority is not only a sense of duty that should make those who are qualified respond to the call to serve it plain common sense that they should do so while they never know when they themselves may be not your eyes but party and the first to complain if the jury is not composed of persons having the required characteristic in the words of the statute they must be intelligent of sound mind and good character throughout English and American history that Jory has been a defender and bulwark of Liberty read again in the case of the seven bishops and James second when the role of his government and its judges brought every approach of autocratic power to play out to obtain a conviction of the seven leading bishops of England for treason because they refused to give up their religious liberties at the behest of the king and the jury at the risk of life and limb brought in a unanimous verdict of acquittal. You will find in later times many other cases where juries determined to up all the right of the citizen have refused by out to executive force of pressure and by their verdict have maintained rights and liberties that are guaranteed to us today by our Constitution and you can read again in our own times of the cases where a jury had declined about a popular clamor and has accomplished justice by saving the innocent in a criminal prosecution or by reaching a just verdict in a civil court. The jury system may not be perfect you human agencies are it is however the best system that our experience has been able to evolve but in order to work it must have the support of public opinion and of the community at large the jury has to weigh the evidence to distract the arguments pro and con to analyze the facts and to reach an impartial verdict on the evidence to do this it must be compiled of men and women who are alert intelligent and responsive to their public buildings. We should not forget what Mr chalk said after his long experience with juries for many years he was the leading trial lawyer at the New York Bar This is what he said as quoted in one of Mr wellness and attaining books. According to the truth is that the jury system is so fixed as an essential part of our political institution. It has proved itself to be such an invaluable security for the enjoyment of liberty and property I shall manage century. It is all just to be appreciated as the best and perhaps the only known means of admitting the people to a share in maintaining their false an interest in the administration of justice. It is such an indispensable factor in educating them in their personal and civil rights it affords such a school and education in the law to the profession itself and is so imbedded in our Constitution which declared it a chill remain forever in violate requiring an amendment to operate that there may be no substantial grounds for fear that any of us will live to see that people consent to give it up I'm still quoting from that child a little child continue I cherish as the result of a life's work now nearing its end that the old fashioned trial by jury of twelve honest and intellectual citizen remains today also chatted in all day sions and amendments to the contract the best and safest practical manner while the determination of facts as the basis of the judgment of Koch happy with it should be discouraged disastrous to the public welfare. Now I add that the whole community will gain by our response to Mr Watson's efforts to improve the administration of justice by increasing interest in this system which exists for the protection of all of us in conclusion that may strongly urge you to serve on a jury when you have the opportunity. If it should be our first appearance in the jury box you may look forward to an interesting and instructive experience in addition to that you will be engaged in the performance of an important public duty by taking your part in the administration of justice. You have been listening to an address by Colonel Cornelius W. Wickersham president of a joint conference on legal education of the state of New York which is the third in a series of addresses upon the jury system that history its importance and the civic duty of jury service the subject of today's talk trial by jury. The series what arranged by county clerk Archibald R. Watson to stimulate public interest in jury service and the obligation of jury service as a civic duty many of you will remember that the introductory address of the series was delivered by presiding justice Martin on April fourteenth and the second addressed by District Attorney guilty already audience will be interested to know that the address next Wednesday after its PM will be delivered by Mayor Lagarde and later addresses in the series will occur on Wednesdays at six P.M. concerning which particulars it will be announced this is the municipal Broadcasting System. New York City's own station W N Y C.