Free Political Institutions Their Nature, Essence, and Maintenance An Abridgment and Rearrangement of Lysander Spooner's "Trial by jury" EDITED BY VICTOR YARROS LONDON C. W. DANIEL, LTD. 3, Amen Corner, E.C. 1912 CHAPTER 3: TRIAL BY JURY AS DEFINED BY MAGNA CHARTA.-AUTHORITY OF MAGNA CHARTA For more than six hundred years-that is, since Magna Charta in 1215- there has been no clearer principle of English or American constitutional law than that in criminal cases it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused, but that it is also their right and their primary and paramount duty to judge of the justice of the law, and to hold all laws invalid that are in their opinion unjust or oppressive, and all persons guiltless in violating or resisting the execution of s...
I The summer fades into days of dull gray; the fog thickens on the Ohio; the prison house is dim and damp. The river sirens sound sharp and shrill, and the cells echo with coughing and wheezing. The sick line stretches longer, the men looking more forlorn and dejected. The prisoner in charge of tier "K" suffers a hemorrhage, and is carried to the hospital. From assistant, I am advanced to his position on the range. But one morning the levers are pulled, the cells unlocked, and the men fed, while I remain under key. I wonder at the peculiar oversight, and rap on the bars for the officers. The Block Captain orders me to desist. I request to see the Warden, but am gruffly told that he cannot be disturbed in the morning. In vain I rack my brain to fathom the cause of my punishment. I review the incidents of the past weeks, ponder over each detail, but the mystery remains unsolved. Perhaps I have unwittingly offended some trusty, or I may be the object...