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A.A. Equestrian Order, Justice of the Peace, B.B. Equestrian Order, First Juryman, C.C. Equestrian Order, Captain of the Hundred, D.D. Equestrian Order, Ensign, E.E. Second Juryman, F.F. High Constable, G.G. Coroner, Of the hundred of in the tribe of, which hundred consists at this election of 105 deputies.
And then, to catch any juryman who might not be a Christian, though perhaps a Theist, he declared that our blasphemous libels would "grieve the conscience of any sincere worshipper of the great God above us." This appeal was made with uplifted forefinger, pointing to where that being might be supposed to reside, which I inferred was near the ceiling.
Even between different personalities there is an instinctive elective dislike as well as an elective affinity. We are not bound to give a reason why Dr. Fell is odious to us any more than the prisoner who peremptorily challenges a juryman is bound to say why he does it; it is enough that he "does not like his looks."
The customary question asked jurymen, whether, given such and such a state of facts, "Do you think you could render a fair and impartial verdict?" is manifestly absurd to the juryman. Every man believes himself to be perfectly honest and just. It takes a strong character to say, "I couldn't be fair." As a matter of fact such a man ought to be kept on the jury rather than let go.
"It is not necessary to explain it," said he. "Thank goodness, what you have just read is explicit enough. I am not an adept in such matters, I am as simple as a juryman; however I understand it admirably so far." "I pass over several letters," continued Noel, "and I come to this one dated Jan. 23, 1829.
He was the second grand juryman from Ellmington. "Oh," said he, "Edwards isn't a bad sort of man. He isn't very sociable. I guess he wouldn't take much impudence, even from that boy of his. They say Jim wouldn't own up, and the old man won't do anything for him till he does." "If Jimmie Edwards says he didn't fire that gun, he didn't," said Nancy, positively. "Jimmie isn't the lying kind.
It was run hard by another of a juryman, who had struck into the midst of Colstoun's speech for the defence with a "Pray, sir, cut it short, we are quite weary," which seemed the very excess of impudence and simplicity. But some of my new lawyer friends were still more staggered with an innovation that had disgraced and even vitiated the proceedings. One witness was never called.
I never was a juryman; but, if I were, I feel sure I would come home from the court a far humbler man than I went up to it. I cannot imagine how a judge can remain a proud man, or an advocate, or a witness, or a juryman, or a spectator, or even a policeman. I am never in a criminal court that I do not tremble with terror all the time.
This trick was invariably used by the late William F. Howe in all homicide cases where he appeared for the defence. The next step is to slip some juryman into the box who is likely for any one of a thousand reasons to lean toward the defence as, for example, one who is of the same religion, nationality or even name as the defendant.
Skilful counsel will succeed in ingratiating themselves from the very beginning, but they will endeavor to do so only with the jury as a whole. Nothing is more unfortunate than to bestow attention upon a particular juryman: that is to flirt with a juror. If he has not yet been sworn in with the rest and the opponent sees it, he will certainly get rid of him.
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