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Updated: May 2, 2025
The deputy sheriff, Simmons, bruised and beaten, was shown to the jurors, and the prosecuting attorney made much of the fact that I had not stopped at a possible murder in shutting Simmons up in the bank vault. There was nothing said about the bribe to the other deputy who had figured as the hack driver; from which I inferred that the Irishman had pocketed my money and held his peace.
In 1585 it was enacted, "That in all cases where any jurors to be returned for trial of any issue or issues joined in any of the Queen's majesty's courts of King's Bench, Common Pleas, and the Exchequer, or before judices of assize, by the laws of this realm now in force, ought to have estate of freehold in lands, tenements, or hereditaments, of the clear yearly value of forty shillings, that in every such case the jurors that shall be returned from and after the end of this present session of parliament, shall every of them have estate of freehold in lands, tenements, or hereditaments, to the clear yearly value of four pounds at the least." 27 Elizabeth, ch. 6.
The jurors, if there are jurors, are neither friendly nor hostile, are open-minded, intelligent and conscientious. What could be finer and better than all this? what could more certainly assure justice? How close the resemblance is between this ideal picture and what actually occurs all know, or should know.
Consider the writ, the attachment, the summons to the defendant, the return, the pleading, the testimony, the arguments, the judgment or decision of the judge, and the execution. If the action is conducted in a higher court, then a jury decides the question at issue, the judge instructing the jurors in points of law.
Among the jurors was a trapper named Baptiste Brown, a Frenchman, as were the majority of the trappers in the early days of the border.
Then it was developed, to the astonishment and disappointment of the little crowd, tingling with excitement and anxiety, that this document simply set forth the fact that at an inquisition holden on Witch-Face Mountain, Kildeer County, before Jeremiah Flaxman, coroner, upon the body of an unknown man, there lying dead, the jurors whose names were subscribed thereto, upon their oaths, did say that he came to his death from concussion of the brain consequent upon being thrown or dragged from his horse by means or by persons to the jury unknown.
On the arrival of these distinguished guests, the brown musicians blew a threefold flourish with their trumpets, and the principal jurors measured the racecourse, at one end of which they stationed Mr. Varju with a red flag: this was the goal.
It must be observed, that a new jurors' book comes into operation on the first of January in each year, having previously been copied from the lists of those liable to serve on juries, made out in the first instance, between the months of July and October, both inclusive, by the churchwardens and overseers of each parish, then reviewed and confirmed by the justices of the peace in petty sessions, and, through the high constable of the district, delivered to the next quarter sessions.
But Queen Elizabeth was very difficult to please on this head. Cabala, p. 81. anciently common of fining, imprisoning, or otherwise punishing the jurors, merely at the discretion of the court, for finding a verdict contrary to the direction of these dependent judges, it is obvious that juries were then no manner of security to the liberty of the subject.
Of course, there can be no legality in such juries as these; but only in juries to which every free or natural born adult male Englishman is eligible. Of course, this principle forbids the selection to be made by any officer of the government. There seem to have been at least three modes of selecting the jurors, at the common law. 1. By lot. 2.
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