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When the speeches are concluded, the officials assigned to the taking of the votes give each juror two ballot balls, one pierced and one solid. This is done in full view of the rival litigants, to secure that no one shall receive two pierced or two solid balls. This is to ensure that all shall vote; since no one can get a voucher unless he votes.
It reads as follows: "John Marshall, late Chief Justice of the United States, having departed this life since the last Term of the Federal Circuit Court for this district, the Bench, Bar, and Officers of the Court, assembled at the present Term, embrace the first opportunity to express their profound and heartfelt respect for the memory of the venerable judge, who presided in this Court for thirty-five years with such remarkable diligence in office, that, until he was disabled by the disease which removed him from life, he was never known to be absent from the bench, during term time, even for a day, with such indulgence to counsel and suitors, that every body's convenience was consulted, but his own, with a dignity, sustained without effort, and, apparently, without care to sustain it, to which all men were solicitous to pay due respect, with such profound sagacity, such quick penetration, such acuteness, clearness, strength, and comprehension of mind, that in his hand, the most complicated causes were plain, the weightiest and most difficult, easy and light, with such striking impartiality and justice, and a judgment so sure, as to inspire universal confidence, so that few appeals were ever taken from his decisions, during his long administration of justice in the Court, and those only in cases where he himself expressed doubt, with such modesty, that he seemed wholly unconscious of his own gigantic powers, with such equanimity, such benignity of temper, such amenity of manners, that not only none of the judges, who sat with him on the bench, but no member of the bar, no officer of the court, no juror, no witness, no suitor, in a single instance, ever found or imagined, in any thing said or done, or omitted by him, the slightest cause of offence.
The colored man should be protected in all of his relations to the Federal Government, whether as litigant, juror, or witness in our courts, as an elector for members of Congress, or as a peaceful traveler upon our interstate railways.
The hubbub was at last terminated by the judge recommending that, under the circumstances, "a juror should be withdrawn." This suggestion, after some demur, was agreed to.
Paige, the state's attorney, who was making some notes at the time, held his pen for a good half-minute part way between his paper and the inkstand while he gazed in astonishment at Peaslee. To have a grand juror, a sober, respectable man, rise in the jury-room and confess that he is the real offender in a case under consideration, is not usual. The surprise was absolute.
And that in every county within the dominion of Wales every such juror shall then have, within the some, eight pounds by the year, at the least, above reprises, in manner aforesaid.
Is it not averred that more than one juror of this tribunal has let himself be corrupted by the gold of the accused, and that the President Montané falsified the procedure to save the head of the woman Corday?" At the words the hall resounded with vehement applause. The vaults were still reverberating with the uproar when Fortuné Trubert mounted the tribune.
Having so said, the Père Longuemare knelt down on the floor, and after repeating his prayers, stretched himself on his palliasse and fell peacefully asleep. Évariste Gamelin occupied his place as juror of the Tribunal for the second time. Before the opening of the sitting, he discussed with his colleagues the news that had arrived that morning.
If during the deliberation a juror died, this legally acquitted the prisoner and made him innocent, and the sheriff, who had the privilege of arresting the accused, had also that of setting him at liberty. That which made the sheriff singularly feared and respected was that he had the charge of executing all the orders of her Majesty a fearful latitude.
In order that the juries in the United States may be legal that is, in accordance with the principles of the common law it is necessary that every adult male member of the state should have his name in the jury box, or be eligible as a juror. Yet this is the case in hardly a single state.
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