Page:The Green Bag (1889–1914), Volume 14.pdf/463

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The Green Bag.

But this century of unique law-making was rudely interrupted, in 1650, by Oliver Crom well, who was sent by Parliament to be Cap tain-General over the Scots. When this oc curred, the venerable Pat Gillespie was pastor of the Hie Kirk and was sent for by Cromwell. The irate preacher dared not refuse and went, but got even with the Captain-General by delivering a prayer to him of enormous length. Cromwell silently endured the affliction,

and later invited the preacher to a feast. The Captain-General drew out the function to a great length and finally wound up the affair by making a prayer three hours long. This settled the account with the preacher. Though these old laws have long since passed away, the Hie Kirk still transacts busi ness at the old stand on the hill, and the Taxman of the Teens still survives to exact tribute from the taxpayers for the support of the Established Church.

THE JURY SYSTEM IN PORTO RICO. By E. L. MacRay. IN Porto Rico, under Spanish domination, as most American lawyers know very well, cases were never tried by a jury. All the courts in those days were composed of three or more judges each, and the evidence was put before them in the form of affidavits or depositions and other documents having equal weight. The taking of testimony was generally performed by officers having no immediate connection with the trial courts, and when it was completed, an " expedicnte," or record, was formed, embodying the whole caseina manuscript volume, which was laid before the judges for their consider ation on the trial. During the military government, the Uni ted States Provisional Court organized juries on the American plan, and tried cases be fore them, with more or less success. In his first message to the Legislative Assembly, Governor Allen, on the third- of December, 1900, called attention to the de sirability of jury trials in felony cases, and earnestly recommended such a plan for adoption. He said : " I believe you will find it expedient to adopt a system of trial by jury without great delay. It will be a

radical innovation, yet will carry with it the weight of generations of experience in lands where the liberty of the citizen is most sacredly guarded. That the people may study its operation, it occurs to me that it may well be restricted for a time to criminal cases, where the charge against the accused requires, if he is convicted, a long term in the penitentiary or capital punishment. With a prudent law for the selection of the jury, so as to insure jury panels which in clude good citizens who have tangible ma terial interests in the Government, I believe that great good will follow from the experi ment." Secretary Hunt, then President of the Ex ecutive Council, and now Governor of Porto Rico, at once prepared and introduced Coun cil Bill No. 1, styled "An Act to establish trial by jury in Porto Rico," which was the first law passed by the First Legislative As sembly of Porto Rico, and received the Ex ecutive approval on the twelfth of January, 1 901. This Act provided for a trial by jury in criminal cases only, in which capital punishment or over two years confinement in prison might be inflicted. The Act went in