trial by jury

That it means a trial by jury as understood and applied at common law, and includes all the essential elements as they were recognized in this country and England when the Constitution was adopted, is not open to question. Those elements were: (1) That the jury should consist of twelve men, neither more nor less; (2) that the trial should be in the presence and under the superintendence of a judge having power to instruct them as to the law and advise them in respect of the facts; and (3) that the verdict should be unanimous.

A trial in which the issues of fact are to be determined by the verdict of a jury of twelve men, duly selected, impaneled, and sworn. The terms "jury" and "trial by jury" are, and for ages have been, well known in the language of the law. They were used at the adoption of the constitution, and always, it is believed, before that time, and almost always since, in a single sense. A jury for the trial of a cause was a body of twelve men, described as upright, well-qualified, and lawful men, disinterested and impartial, not of kin nor personal dependente of either of the parlies, having their homes within the jurisdictional limits of the court, drawn and selected by officers free from all hias in favor of or against either party, duly impaneled under the direction of a competent court, sworn to render a true verdict according to the law and the evidence given them, who. after hearing the parties and their evidence, and receiving the instructions of the court relative to the law involved in the trial, and deliberating, when necessary, apart from all extraneous influences, must return their nnanimous verdict upon the issue submitted to them. Ali the books of the law describe a trial jury substantially as we have stated it; and a "trial by jury" is a trial by snch a body so constituted and conducted. State v. McClear, 11 Nev. 60. And see Gunn v. Union R. Co.., 23 R. I. 289, 49 Atl. 999; State v. Harney, 168 Mo. 167, 67 S. W. 620, 57 L. R. A. 846; Capital Traction Co. v. Hof, 174 In S. 1, 19 Sup. Ct. 580, 48 L. Ed. 873; Lommen v. Minneapolis Gaslight Co., 65 Minn. 196, 68 N. W. 53, 33 L. R. A. 437, 60 Am. St. Rep. 450; People v. Dutcher, 83 N. Y. 242; Vaughn v Scade, 30 Mo. 600; Ward v. Farweil, 97 111. 612,

Defined under Trial in Black's Law Dictionary.