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While the jury in the case of Thomas Clarke Luby were absent from the court deliberating on and framing their verdict, John O'Leary was put forward to the bar. He stepped boldly to the front, with a flash of fire in his dark eyes, and a scowl on his features, looking hatred and defiance on judges, lawyers, jurymen, and all the rest of them.
We have, for instance, contemporary accounts of the conversations in which Socrates compared and analysed the unwilling answers of jurymen and statesmen, and we know that the word Justice was made by his work an infinitely more effective political term.
Clifford, who was in league with him, been caught throwing sweetmeats to him through the window. His supplies having been cut off, he yielded; and a verdict of Guilty, which, it was said, cost two of the jurymen their lives, was returned. A motion in arrest of judgment was instantly made, on the ground that a Latin word indorsed on the back of the indictment was incorrectly spelt.
All the old antipathies of the merchants against the nobility could not but thenceforth find only too practical an expression in the sentences of the jurymen; above all, when the provincial governors were called to a reckoning, the senator had to await a decision involving his civic existence at the hands no longer as formerly of his peers, but of great merchants and bankers.
"The trial cannot proceed," said the King, in a very grave voice, "until all the jurymen are back in their proper places all," he repeated with great emphasis, looking hard at Alice as he said so. Alice looked at the jury-box, and saw that, in her haste, she had put the Lizard in head downward, and the poor little thing was waving its tail about in a melancholy way, being quite unable to move.
While accordingly the more clear-seeing of the aristocracy could not but find these partial and grudging concessions as inadequate as did the new burgesses and the excluded themselves, they further painfully felt the absence from their ranks of the numerous and excellent men whom the Varian commission of high treason had exiled, and whom it was the more difficult to recall because they had been condemned by the verdict not of the people but of the jury-courts; for, while there was little hesitation as to cancelling a decree of the people even of a judicial character by means of a second, the cancelling of a verdict of jurymen bythe people appeared to the betterportion of the aristocracy as a very dangerous precedent.
By the institution of the tribunal of the -Centumviri- to deal with inheritance, for instance, there was introduced in the law of property a college of jurymen, which, like the criminal authorities, instead of simply applying the law placed itself above it and with its so-called equity undermined the legal institutions; one consequence of which among others was the irrational principle, that any one, whom a relative had passed over in his testament, was at liberty to propose that the testament should be annulled by the court, and the court decided according to its discretion.
But it was no childishness, but a discourse with myself, with that true, divine I which lives in every man. All this time this I was slumbering and I had no one to discourse with. It was awakened by the extraordinary event of the 28th of April, in court, where I sat as jurymen. I saw her, Katiousha, whom I had deceived, on the prisoners' bench, in a prison coat.
Man or woman, ma'am?" "Neither," says Mrs. Chadband as before. "Oh! A child!" says Mr. Guppy, throwing on the admiring Mrs. Snagsby the regular acute professional eye which is thrown on British jurymen. "Now, ma'am, perhaps you'll have the kindness to tell us WHAT child." "You have got it at last, sir," says Mrs. Chadband with another hard-favoured smile.
There existed at that time two sorts of procedure before jurymen. The extraordinary jury-procedure again was applicable in particular civil or criminal cases of importance, for which, instead of the single juryman, a special jury-court had been appointed by special laws.
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