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Updated: May 4, 2025
You've got to get woozy in order to remember." "Did you ever forget a man's name you used to know as well as your own brother's? I have. There was a little juror that convicted me in Oakland the time I got handed my fifty-years. And one day I found I'd forgotten his name. Why, bo, I lay here for weeks puzzling for it.
"In other words, Jacques's honor and life depend at this hour on a chance, on the weather on the day of the trial, or the health of a juror. And if Jacques was the only one! But there is Dionysia's life, gentlemen, my child's life, also at stake. If you strike Jacques, you strike Dionysia!" M. Folgat could hardly restrain a tear.
"Professor Abel Able, Professor Jeremiah Moses, Sir Wilfrid Athelstone, Costake Theriade," Cosmo continued, "you will please come forward to act as members of the jury, of which I name myself also a member. I shall be both judge and juror here, but I will hear what the rest of you may have to say."
Sunt, quos curriculo pulverem Olympicum, and if we take into consideration that Juror says in the same scene: And when thy swelling vents amain, Then Pisces be thy sporting chamberlain, it is not asserting too much that these are manifest hits at Florio, who, to please his Maecenas, tries with Dr. Diodati, his 'guide-fish' to capture the 'whale' in the 'rocke rough ocean.
The prisoner was not bidden to look upon the juror, nor the juror to look upon the prisoner, as though a battle for life and death were to be fought between them.
A stranger will be surprised to find how deeply the average backwoodsman is versed in the petty subtleties of legal practice. It comes from experience. "Court-week" draws bigger crowds than a circus. The mountaineer who has never served as juror, witness, or principal in a lawsuit is a curiosity. And this familiarity has bred secret contempt.
Each side can challenge a certain number of the jurors in attendance without stating any reasons for it, as well as any and every one of them for cause shown. If a juror has formed an opinion as to the guilt of the accused so definite as to amount to a settled prejudice against him, he is incompetent.
At the first syllable Fawkes sprang into an attitude of alert and fearful attention, listened as to the pronouncement of a foreman juror, and replied, "No, sir," with the relieved air of a man surprised to find himself still living. "I see Flamby Duveen, I did," he continued, in his reedy voice "poachin', same as her father...." "Poachin' same as her father," came a weird echo from the wood.
What people call impartiality may simply mean indifference, and what people call partiality may simply mean mental activity. It is sometimes made an objection, for instance, to a juror that he has formed some primâ-facie opinion upon a case: if he can be forced under sharp questioning to admit that he has formed such an opinion, he is regarded as manifestly unfit to conduct the inquiry.
The little juror drew back, and I looked to see her examination terminate, when suddenly his ponderous colleague of the watch-chain, catching the young lady's eye, inquired: "Miss Leavenworth, did your uncle ever make a will?" Instantly every man in the room was in arms, and even she could not prevent the slow blush of injured pride from springing to her cheek.
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