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Updated: May 2, 2025
His summing up of the case was quick and to the point, and at the end the jurors silently filed into another room. It was long after seven o'clock, but no one stirred in the room, and the silence, which none cared to break, slowly grew oppressive. The long wait was finally terminated by the reappearance of the jury. Coroner Penfield rose and addressed them.
In fine, they all behaved exactly as you would have done. It is the leading topic of conversation out of the house. However, I refrain from prosecuting, with difficulty, by Hercules! yet refrain I do: either because I don't want to quarrel with Pompey the impending question of Milo is enough in that direction or because we have no jurors worthy of the name.
The salary of the Supreme Court Judges was fixed by law at ten dollars per day and that of a Chief Justice of a district at five dollars per day. That of the Prosecuting Attorney and Attorney for the Defense at four dollars per day, and that of Justice and Jurors at three dollars per day the year 'round.
Fancy is not needed to round out the tale to be told of conditions existing and of things done and suffered in this age and country, behind walls which shut in fellow creatures of ours whom facile jurors and autocratic courts have sent to living death and to worse than death in accordance with laws passed by legislatures for the benefit of What, or Whom? Of the community?
The Attorney-General renews the recommendation contained in his report of last year touching the fees of witnesses and jurors. He favors radical changes in the fee bill, the adoption of a system by which attorneys and marshals of the United States shall be compensated solely by salaries, and the erection by the Government of a penitentiary for the confinement of offenders against its laws.
However, when Hortensius hit on the idea of a law as to the sacrilege being proposed by the tribune Fufius, in which there was no difference from the bill of the consul except as to the kind of jurymen on that point, however, the whole question turned and got it carried by sheer fighting, because he had persuaded himself and others that he could not get an acquittal no matter who were the jurymen, I drew in my sails, seeing the neediness of the jurors, and gave no evidence beyond what was so notorious and well attested that I could not omit it.
Accordingly, with the loyalists holding completely aloof, with the forum full of slaves, twenty-five jurors were yet found so courageous that, though at the risk of their lives, they preferred even death to producing universal ruin. There were thirty-one who were more influenced by famine than fame. On seeing one of these latter Catulus said to him, "Why did you ask us for a guard?
If the government may decide who may, and who may not, be jurors, it will of course select only its partisans, and those friendly to its measures.
It is perfectly evident that in all these courts the jurors were the judges, and determined all questions of law for themselves; because the only alternative to that supposition is, that the jurors took their law from sheriffs, bailiffs, and stewards, of which there is not the least evidence in history, nor the least probability in reason.
The conclusion, therefore, I think, inevitably must be, that neither the laws of the king, nor the instructions of his justices, had any authority over jurors beyond what the latter saw fit to accord to them.
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