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Updated: June 2, 2025
The following presentment of a Tennessee Grand Jury, sufficiently explains and comments on itself: The Grand Jurors empanelled to inquire for the county of Shelby, would separate without having discharged their duties, if they were to omit to notice public evils which they have found their powers inadequate to put in train for punishment.
Do-right was Town Clerk. A jury was empanelled in the usual way. Mr. Knowall, Mr. Telltrue, and Mr. Hatelies were the principal witnesses. Atheism was first brought to the bar, being charged 'with having pertinaciously and doltingly taught that there was no God. He pleaded Not Guilty. Mr. Knowall was placed in the witness-box and sworn. 'My Lord, he said, 'I know the prisoner at the bar.
Under these circumstances, there was little chance that an unprejudiced jury could be empanelled for the trial of the Irish prisoners; and their counsel, seeing the danger, sought to avent it by a motion for the postponement of the trials. The Home Secretary was memorialed on the subject, and the application was renewed before the judges in court, but the efforts to obtain justice were fruitless.
Court for the trial of the insurrectionists assembled at nine o'clock. On entering the room, Judges Beaubien and Houghton were occupying their official positions. After many dry preliminaries, six prisoners were brought in ill-favoured, half-scared, sullen fellows; and the jury of Mexicans and Americans having been empanelled, the trial commenced.
It is as representatives of the general community, not as representatives of the crown officials, the constitution supposes you to sit in that box. If you do not fairly represent the community, and if you are not empanelled indifferently in that sense, you are no jury in the spirit of the constitution.
The defendant, as already mentioned, was a Roman Catholic; yet, out of a large and respectable population professing the same religious faith, not one was to be found on the panel, although at the Quarter Sessions, held a few days later, the number of Roman Catholics summoned to serve on juries was exceptionally large. The Sheriff who empanelled the jury was a political enemy of the accused.
Semple was a man just suited to the newspaper office he occupied; he stood six feet eight inches in moccasins, was dressed in buckskin, and wore a foxskin cap. The first jury of the alcaldean court was empanelled in September, 1846. Justice flourished for about three years.
These commissioners sit at Justice Hall in the Old Bailey, and bills of indictment having been found by the grand juries of London or Middlesex, containing the prisoner's accusation, a petty jury, consisting of twelve substantial citizens is empanelled for the trial of each of them; for, as to the grand jury, they only consider whether there is such a probability of the prisoner's guilt as to put him upon making his defence, and this is determined by a majority of the grand jury: but the petty jury, who pass upon the prisoner's life and death, must all agree in their verdict, or he cannot be convicted.
But before a jury was empanelled the November ballot gave the Prosecution its "coup de grace." P.H. McCarthy was elected Mayor. Charles Fickert defeated Heney for the district attorneyship. An anti-Prosecution government took office. "Big Jim" Gallagher, the Prosecution's leading witness, disappeared. Fickert sought dismissal of the Calhoun case and finally obtained it.
Her prisoner made a slight inclination of the head towards Sir Blaise in acknowledgment of the fact of Brilliana's presentation, and said, very calmly: "Why, then, sir, such a jury as your world has empanelled have misread you, for if they summed your flaws aptly in their report of you, they clapped this rider on their staggering verdict, that Sir Blaise Mickleton did, at his worst, do his best to play the gentleman."
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