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The ancient oath of jurors in civil suits, viz., that "they would make known the truth according to their consciences," implies that the jurors were above the authority of all legislation. The modern oath, in England, viz., that they "will well and truly try the issue between the parties, and a true verdict give, according to the evidence," implies the same thing.
A roomful of silent, open-mouthed faces listening to her weep, watching her squirm with proper shame and anguish as she told her story to the jurors ... the details of the abortion. "And then I couldn't stand it. I don't remember what happened. Oh, I loved him! I don't remember. He cursed me. He called me a ... Oh, God, names. Awful names! I told him I was going to kill myself.
I answered "Yes, I had many; but I wished to proceed in my own way." But this was refused to me. The judge demanded to see the affidavits, and I consequently produced one made by myself, as well as one from nearly every one of the jurors who had sat upon the two former writs of inquiry.
All the freeholders were required to attend the courts, that they might serve as jurors and witnesses, and do any other service that could legally be required of them; and their attendance was paid for by the state. In other words, their attendance and service at the courts were part of the rents which they paid the state for their lands.
I then, jurors, think that sufficient accusation has been made, for I think it is necessary to carry the accusation up to this point until the accused shall appear to have done things worthy of death; for this is the most extreme punishment we can inflict upon them, so that I do not know what need there is to make many accusations against men who would not be able to give satisfaction for each of their offenses even by dying twice. 38.
Beside and beyond all this, few or none of the jurors could have read the laws, if they had been written; because few or none of the common people could, at thattime, read.
Now, observe that in proceedings, as your lordships know; before grand jurors, not a tittle of evidence is heard for the prisoners; every witness is in favor of the indictment, or finding of the bill; but in all these instances the bills were flung out on the examination of evidence solely against the prisoner.
They was out all that day and all that night and all the next day. And we waited. And finally toward evening they came in and told the judge they couldn't agree. It seems, so pa said, two of the jurors was for hangin' and five for the penitentiary, and five for acquittal. So they was discharged. Temple Scott was held to the next term of court for another trial, and court adjourned.
Whereupon he swore them solemnly and made a record in his fee book, to the later consternation of his jurors. "Ain't this court a notary, too?" said Blackman later. "And ain't a notary entitled to so much fee for administerin' a oath? And didn't I administer twelve oaths?" There was small answer to this, after all.
The closely packed throng was one of divers hues, the light gowns of ladies alternating with the black gowns of advocates, while the red robes of the judges disappeared from view, the bench being so low that the presiding judge's long face scarcely rose above the sea of heads. Many of those present became interested in the jurors, and strove to scrutinise their shadowy countenances.
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