Frontier judges avoided law questions and left decisions to juries

Evidence

The judges … held their courts mostly in log-​houses, or in the barrooms of taverns, fitted up with a temporary bench for the judge and chairs or benches for the lawyers and jurors. At the first circuit court in Washington county, held by Judge John Reynolds, the sheriff, on opening the court, went out into the court-​yard and said to the people: “Boys, come in, our John is going to hold court.” This was the proclamation for opening the court. In general, the judges were averse to deciding questions of law if they could possibly avoid doing so. They did not like the responsibility of offending one or the other of the parties, and preferred to submit everything they could to be decided by the jury. They never gave instructions to a jury unless expressly called for; and then only upon the points of law raised by counsel in asking for them. They never commented upon the evidence, or undertook to show the jury what inferences and presumptions might be drawn from it; for which reason they delivered their instructions hypothetically, stating them thus: “If the jury believe from the evidence that such a matter is proved, then the law is so and so.” — Lawrence M. Friedman, A History of American Law, 892

Categorization

• XREF: connects to: Judges may not comment on government policy or law merits. — Lynley Hood, A City Possessed, 3260; Early American juries, not judges, determined the law through jury nullification — G. Alan Tarr, Judicial Process and Judicial…, 868

Broader Connections

• Early American juries, not judges, determined the law through jury nullification #corroborates (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 868
• Judges may not comment on government policy or law merits. #corroborates (0.72) — Lynley Hood, A City Possessed, 3260