ment of the jail, poorhouse, and other public affairs. A majority of the jury must agree on oath to any indictment which is brought.

(c) Petit Jury: In all criminal cases, and in all civil cases where the amount in controversy exceeds five dollars, the parties have a right to a jury trial. (Const. XV. 6; Bill of R. 21.) As the trial by jury is a privilege of the parties, they may agree to submit the cause to the judges of the court alone without calling for a jury (Const. IV. 8.), and in Baltimore City, cases are tried without a jury, unless the parties ask for one. (Const. IV. 39.) A petit jury consists of twelve competent men, disinterested and impartial, not of kin to, nor personal dependents on either party to the suit, and living within the jurisdiction of the court. They are drawn and selected by officers free from all bias for or against either party, and sworn to render a true verdict. according to the law and evidence.

(d) Selection of Jurors: Only men of sound mind, who are twenty-five years old, can serve on juries. Persons who have any interest in a suit in court may not be jurors, nor may judges of the orphan's courts. Certain other classes of men have the privilege of being free from jury duty. Among these are public officers, members of the militia, school-teachers, and persons over seventy years old. A list of persons who are eligible to serve as jurors is made out every two years from the tax books of the county by the clerk of the county commissioners. This list is taken by the judges of the Circuit Court, and from it and the poll books of the county they select 650 men in Baltimore City, 200 men in the

larger counties, and 150 in the smaller counties.

This

body of men is called the panel. The selection is made after due notice, not less than fifteen days before the beginning of each jury term of court, and in the presence of such members of the board of county commissioners as choose to attend. The panel is to be chosen fairly and impartially, with special reference to the sobriety and intelligence of the persons, and without reference to their political opinions. The names so selected are written on separate pieces of paper, and placed in a ballot box, from which the clerk of the court draws a certain number of names specified by law. This last list of names is sent to the sheriff who is ordered to notify the men to appear as jurors at the next term of court. This order to the sheriff is called a venire facias, from the two Latin words with which the writ formerly began, which mean "you shall cause to come." If any of the men are dead, sick, or otherwise excused by the court," additional names are drawn to fill up the list. Of the names on the list, one is selected by the court as foreman of the grand jury. From the remaining names placed in a ballot box on separate slips of paper the clerk now draws twenty-two, who with the foreman constitute the grand jury. The remaining names constitute the petit jury. Of course there is a new grand and petit jury for each term of court. In Baltimore City the petit jury panel consists of 400 men, and more may be drawn. From the petit jury, when a civil case is to be tried, the clerk draws twenty names. These are handed to the lawyers for the two sides of the case, each of whom may strike out four names from

the twenty. Twelve are thus left to constitute the jury for that case. In criminal cases of small importance the same rule holds, but where the accused is tried for a crime whose punishment is death or imprisonment in the penitentiary, he may challenge and have stricken from the panel an unlimited number of names for cause, and twenty names peremptorily, without giving the cause. If a panel is exhausted for any reason before a jury is obtained, a new panel is drawn by the judges as before.

25. An Indictment is a formal written accusation against a certain person as guilty of a specific crime, presented to a court of justice by the grand jury of the county in which the crime was committed. Bills of indictment are submitted by the State's attorney to the grand jury for their consideration, but they may present any one to the court without such preliminary, if they think best.

26. Law and Fact. It is the business of judges and courts to apply the law to cases, and in doing this two questions arise. The first is, what is the law relating to the case? and the second, what are the facts which make up the case? The first of these is known as a question of law, and is to be decided by the judges in all civil cases. The second is known as a question of fact, and belongs to the jury to decide. In a civil case the judge states to the jury the law, and tells them that, if they find the facts to be so, they must render a verdict for the plaintiff; if not, for the defendant; and the jury must follow his statement of the law. In civil cases juries are judges of fact only; in criminal cases, both of law and fact. (Const. XV. 5.)

All suits which are

27. Civil and Criminal Suits. not brought in the name of the State as plaintiff to punish some crime are known as civil suits.

28. Trial of a Suit. When process has been served on the defendant, and the witnesses have been summoned by subpoenas, the trial begins on an appointed day. In an equity suit, the evidence has been taken down in writing beforehand and is read to the court. In a lawsuit the jury is first selected from the panel. The lawyers next make their opening speeches, and the witnesses are then called. The witnesses for the plaintiff testify first. If he wishes to dispute the evidence of the witnesses for the defendant, he may do so by introducing new testimony after the defendant has finished. This is called rebuttal testimony. After all the witnesses have testified, the lawyers make their closing arguments. The judge then turns to the jury and sums. up the case to them. This summary is called his charge. The jury now retire, and if they agree, return to the court with their verdict. If they cannot agree for a long time, the judge may order them to be discharged. In that case a new trial may be had, if the plaintiff desire it.

29. Procedure in Criminal Cases. In all such cases the State is the prosecutor. Writs and process run in the name of the State of Maryland. Indictments state that the crime charged against the accused was committed against the peace of the State. The accused person has the right to be informed of the accusation against him, to have a copy of the indictment in due time to prepare for his defence, to be allowed to have

The

a lawyer as his counsel, to hear in the court room the testimony of the witnesses against him, to have subpœnas for his witnesses, to have his witnesses and those against him examined by his lawyer under oath, and to have a speedy trial by an impartial jury, without whose unanimous consent he ought not be found guilty. He may testify in his own behalf, but cannot be compelled to give evidence against himself. law throws all these safeguards around. criminal cases, that the innocent may not be punished, and considers that every man is innocent until he is proved to be guilty. (Const. IV. 13; Dec. of R. 21, 22.) The trial of the facts, where they arise, is one of the greatest securities of the lives, liberties, and estates of the people, and so the case must be tried in the county where the crime was done, unless there is strong reason for a change. It may happen that prejudice against the accused is so strong that he cannot have a fair trial in the place where the alleged crime was committed, or for some other important reason a fairer trial may be had elsewhere. In such a case the trial may be removed to another county. (Const. IV. 8; Dec. of R. 20.)

For the reasons that a full hearing of facts demands time, and that a jury trial is felt to be essential, the Constitution objects to the trial of cases by martial law, where the decision must be hastily given, and where there is no jury. Only soldiers, marines, and mariners in service of the State, or the militia in actual service, can be punished by martial law. (Dec. of R. 32.) 30. Special Provisions as to Crimes in the Constitution.

In order that justice be done, the Constitution