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He was followed by Serjeant Hayward, who, employing a more rhetorical and florid style, was probably better appreciated by the audience, but added little to the jury's knowledge of the facts. In an "improving" passage he besought "the young gentlemen of this University," who seem to have been well represented, to guard against the first insidious approaches of vice.
From the provision of Magna Carta, cited in the text, it must be inferred that there can be no legal trial by jury, in civil eases, if only the king's justices preside; that, to make the trial legal, there must be other persons, chosen by the people, to sit with them; the object being to prevent the jury's being deceived by the justices.
"Still out," he bellowed, "having trouble." "What's the matter with them?" a score of voices shouted. Presently the messenger returned. His face was angry, almost apoplectic. One could see that he was having difficulty with articulation. He waved his hands in a gesture of impotent wrath. At last he found his voice and shouted, "Disagreed. The jury's disagreed." An uproar followed.
This reason is worthy of the doctrine it is used to uphold; as if a plea of ignorance, any more than any other plea, must necessarily be believed simply because it is urged; and as if it were not a common and every-day practice of courts and juries, in both civil and criminal cases, to determine the mental capacity of individuals; as, for example, to determine whether they are of sufficient mental capacity to make reasonable contracts; whether they are lunatic; whether they are compotes mentis, "of sound mind and memory," &. &. And there is obviously no more difficulty in a jury's determining whether an accused person knew the law in a criminal case, than there is in determining any of these other questions that are continually determined in regard to a man's mental capacity.
A gentleman in black-and-scarlet made an hour's speech, reviewing the principal cases with as much solemnity as if the Grand Jury's decisions would affect the Last Judgment, and Mr.
No Home Secretary would dare to run counter to the jury's recommendation and the expressed wish of the whole district. Besides, the Home Secretary's nephew was M.P. for the Knype division. Of course a verdict of guilty had been inevitable. Everybody recognized that now. Even Samuel and all the hottest partisans of Daniel Povey recognized it.
And this was why an interval was made. When the judges had risen, the advocates, the jury, and the witnesses also rose, with the pleasant feeling that part of the business was finished, and began moving in different directions. Nekhludoff went into the jury's room, and sat down by the window. "Yes, this was Katusha."
As defendant's counsel are furnished with copies also, they cannot plead 'surprise, as in the introduction of new matter, and as plaintiff's counsel relies evidently upon the jury's attention to his opening, he would not be the first person to distract it." After a pause he added, addressing the Colonel, who remained standing, "The Court is with you, sir; proceed."
She owed her escape from hanging to a finding of the Court of Assistants that the jury's verdict did not legally answer to the indictment, and she was set "free from further suffering or imprisonment." JAMES WALKLEY. Hartford, 1662. Arrested. Fled to Rhode Island. KATHERINE HARRISON. Wethersfield, 1669. Convicted; discharged. See account in previous chapter. NICHOLAS DESBOROUGH. Hartford, 1683.
It had been the jury's duty to find out whether that crime had been committed, and his duty to see that all due facilities were given to the jury. It had been Sir John Joram's duty to make out what best case he could for his client, and then to rest contented. Had all things been as they should be, the Secretary of State would have had no duty at all in the matter.
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