Certainly a magistrate could always procure witnesses
enough to testify to something or other, which he himself could
decide to be corroborative of his own testimony. And thus the
prohibition would be defeated in fact, though observed in form.
[11] At the common law, parties, in both civil and criminal
cases, were allowed to swear in their own behalf; and it will be
so again, if the true trial by jury should be reestablished.
[12] In this chapter I have called the justices "presiding
officers," solely for the want of a better term. They are not
"presiding officers," in the sense of having any authority over
the jury; but are only assistants to, and teachers and servants
of, the jury. The foreman of the jury is properly the "Presiding
Officer," so far as there is such an officer at all. The sheriff
has no authority except over other persons than the jury.
CHAPTER VIII. THE FREE ADMINISTRATION OF JUSTICE
The free administration of justice was a principle of the common
law; and it must necessarily be a part of every system of
government which is not designed to be an engine in the hands of
the rich for the oppression of the poor.
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