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The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

TRIAL BY. A mode of trial formerly in use in England, by which the judges of a court decided a point in dispute, upon the testimony of their own senses, without the intervention of a jury. This took place in cases where the fact upon which issue was taken must, from its nature, be evident to the court from ocular demonstration, or other irrefragable proof, and was adopted for the greater expedition of a cause.

3 Bl. Gomm. 331.

In this way questions whether a party were an infant or not, whether an injury was mayhem or not, etc., were determined; but this has been long out of use.

3 Steph. Comm. 582.