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And what was, if possible, a still worse symptom of the disposition of the common people, was exhibited in the impossibility of bringing the criminals, even when well known, to justice. Jurors held back from the assizes, witnesses who had seen murders committed refused to give evidence.
All ten are for you again. Only one dissentient, and he the same one as before. True to his envious principles, he must ever give his vote against his betters. The jurors may now leave the court. The remaining cases will come on to-morrow. Tychiades. Simon Tyc. I am curious about you, Simon.
He suggests the use of juries in many administrative cases where it is desirable that government should be supported by popular consent. At the same time, trial by jury is now used with a certain degree of economy, both because it is slow and expensive, and because men do not make good jurors if they are called upon too often.
The judge then gives them a charge, and appoints one of them foreman; and the jurors retire to a private apartment to attend to their duties.
The ordinance declares there shall be no appeal makes the State law paramount to the Constitution and laws of the United States, forces judges and jurors to swear that they will disregard their provisions, and even makes it penal in a suitor to attempt relief by appeal.
The consequence is, that jurors must have the whole case in their hands, and judge of law, evidence, and sentence, or they incur the moral responsibility of accomplices in any injustice which they have reason to believe will be done by the government on the authority of their verdict. The same principles apply to civil cases as to criminal.
To obtain this, practically the same machinery was employed as in the earlier case, but to the commissioners sent into each county by the central government two local knights, chosen from the county, were added to form the body before whom the jurors testified as to the ownership and value of the lands in their neighbourhoods.
No one knew better than this great criminal lawyer that the battle was fought on the selection of the jury. The subsequent examination of witnesses, the eloquence expended on the jury are all for effect outside. At least that is the theory of Mr. Braham. But human nature is a queer thing, he admits; sometimes jurors are unaccountably swayed, be as careful as you can in choosing them.
Whereas doubts and controversies have arisen at various times concerning the right of jurors to try the whole matter laid in indictments and informations for seditious and other libels; and whereas trial by juries would be of none or imperfect effect, if the jurors were not held to be competent to try the whole matter aforesaid: for settling and clearing such doubts and controversies, and for securing to the subject the effectual and complete benefit of trial by juries in such indictments and informations,
At this stage of the case the foreman became ill and had to be excused. No jurors were left except one who had been excused by mutual consent for some trifling reason, and who out of curiosity had remained in court. He rejoiced in the name of Stone.
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