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Updated: May 4, 2025
Many of these rules date back to the early history of the English common law. It was a time of general illiteracy. The ordinary juror could not read or write. His powers of reasoning and discrimination had had little or no cultivation. It was thought dangerous to allow him to listen to any evidence that was not of the clearest and best kind.
"No, I wish it was, for a misnomer, an alibi, a nonjoinder, a demurrer, a nonsuit, a freemason or a know-nothin' sign to a juror, a temperance wink, or an orange nod to a partisan judge, or some cussed quirk or quibble or another, would carry me through it. No, it ain't that." "What is it then?" "Why," sais I, a bustin' out a larfin, "I am most dead sometimes with the jumpin' toothache."
"I perfectly agree with you," replied M'Small, "the face of a grand juror will be a novel sight in that direction." "And in the other direction," observed Hartley, "no bridges will be wanted." "Why so?" said M'Small. "Because," he replied, "there will be such an absence of water as will render them unnecessary."
His disqualification as an elector shuts him out of the jury box in courts where what few rights he has left are adjudicated and his grievances redressed. His disqualification as an elector and as a juror discredits him as a witness. In the states which have adopted these disfranchising constitutions, more than three hundred thousand citizens have been thereby disqualified as jurors.
In Sulla's time their number was increased to ten, and each was chairman of the quaestio which sat on one of the ten chief crimes, extortion, peculation, bribery, treason, coining, forgery, assassination or poisoning, and violence. As assessors he had the quaesitor or chief juror, and a certain number of the Judices Selecti of whom some account has been already given.
The juror in waiting, as he sees a pregnant woman swooning in the dock or a man with a high, pumpkin-shaped back to his head led off down the dark stairs to five years' penal servitude, becomes a keen critic of the British justice that may have been to him until then merely a phrase. How does British justice emerge from the test?
But as to threatening him, or hurting one hair of his head, witness had not done it so help him God! QUESTION BY A JUROR. "Was the key of the door in the keyhole that night?" ANSWER. "I don't know." COMMENT BY FACETIOUS JUROR. "Be me sowl, I thinks that whishkay had more to do with it than the doorkay. Don't you, Harry?" CORONER. "Bully for you!"
He remarks that Lachaud, one of the most illustrious barristers practising in the Court of Assize, made systematic use of his right to object to a juror in the case of all individuals of intelligence on the list. Yet experience and experience alone has ended by acquainting us with the utter uselessness of these objections.
Nekhludoff opened the perfumed letter and began to read: "In fulfillment of the duty I assumed of being your memory," the letter ran, "I call to your mind that you have been summoned to serve as juror to-day, the 28th of April, and that, therefore, you cannot accompany us and Kolosoff to the art exhibition, as you promised yesterday in your customary forgetfulness;
Bardell shrank from the world, and courted the retirement and tranquillity of Goswell Street; and here she placed in her front parlour window a written placard, bearing this inscription "Apartments furnished for a single gentleman. Inquire within." Here Serjeant Buzfuz paused, while several gentlemen of the jury took a note of the document. 'There is no date to that, is there? inquired a juror.
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