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Updated: May 28, 2025
Robespierre, Duplay's guest, dined every day with Duplay, a juryman in the revolutionary tribunal and co-operator for the guillotine, at eighteen francs a day. The talk at the table probably turned on the current abstractions; but there must have been frequent allusions to the condemnations of the day, and, even when not mentioned, they were in their minds.
I say "supposed," for juries do not apply it, and the reason is simple enough you cannot expect a juryman of intelligence to follow a doctrine of law which he instinctively feels to be crude and which he knows is arbitrarily applied.
"I beg your pardon," said M. de Chandore, "we have to try to get the case handed over to another magistrate." M. Folgat shook his head. "Unfortunately, that is not to be dreamt of. A magistrate acting in his official capacity cannot be rejected like a simple juryman." "However" "Article 542 of the Criminal Code is positive on the subject." "Ah! What does it say?" asked Dionysia.
They were all practically freed; and after that the roughs grew bolder than ever. The Plummer band swore to kill every man who had served in that court, whether as juryman or officer. So well did they make good their threat that out of the twenty-seven men thus engaged all but seven were either killed or driven out of the country, nine being murdered outright.
But the burly barrister was not a man who liked to be taught his duty by any one in court, not even by a juryman, and his quick intellect immediately told him that he must seize the spark of sympathy in its flight. It could not be stopped, but it might be turned to his own purpose. It would not suffice for him now that he should simply defend the question he had asked.
But her answer was given firmly, and without any show of resentment. "Yes, sir," she returned simply. "More than one?" "I never heard of but one." "Are you acquainted with the contents of that will?" "I am. He made no secret of his intentions to any one." The juryman lifted his eye-glass and looked at her. Her grace was little to him, or her beauty or her elegance.
Judges are often humane, but if they were to excuse the juror openly they would find all the others in court clamoring for the same exemption. If the juryman merely wants to dodge the duty he probably does not get excused. The judge seems surprisingly intelligent and discriminating and able to pick the sheep from the goats.
Embargoes, tariffs, quarantine, and all other laws, keep men from doing as they please. Restraints are the web of society, warp and woof. Are they slavery? then civilized society is a giant slave a government of LAW, the climax of slavery, and its executive, a king among slaveholders. Compulsory service. A juryman is empannelled against his will, and sit he must.
Their foreman was a person doubly distinguished among his colleagues. He had the clearest head, and the readiest tongue. For once the right man was in the right place. Of the eleven jurymen, four showed their characters on the surface. They were: The hungry juryman, who wanted his dinner. The inattentive juryman, who drew pictures on his blotting paper.
All laws ought to be founded upon the principle of "doing as one would be done by;" and indeed this principle seems to be the very basis of the English constitution; for what precaution could possibly be more effectual for that purpose, than the right we enjoy of being judged by our Peers, creditable persons of the vicinage; especially, as we may likewise claim the right of excepting against any particular juryman, who might be suspected of partiality.
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