Excerpt from A Compilation of Documents Relating to Injunctions in Conspiracy Cases: Together With Arguments and Decision of the Court in Case of Commonwealth V. Hunt, 4 Metoalf, Etc; February 13, 1902, Ordered to Be Printed as a Document
The object of the Senate bill is to afford persons charged with indi rect contempts a trial by jury, as in criminal cases. The effect of the committee substitute, if enacted into law, would be to give the accused the form of a jury trial, with the substance withdrawn. For, instead of accepting the plan of the real jury trial, as embodied in the Senate bill, the committee provide for the submission to the jury of interroga tories, prepared by the court, and to be answered by the jury in writ ing. Upon the answers the court will determine the guilt or innocence of the accused. About the question of guilt or innocence the jury, according to the committee, shall have nothing to say. That shall be determined by the court, which is to continue to be not only judge and jury, but accuser as well.
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