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Updated: May 28, 2025
The seventh order, requiring, "That upon the first Monday next ensuing the last of January, the deputies of every parish annually assemble in arms at the rendezvous of the hundred, and there elect out of their number one justice of the peace, one juryman, one captain, one ensign of their troop or century, each of these out of the horse; and one juryman, one coroner, one high constable, out of the foot.
Sir Edward Coke reduces the heads of challenge to four. 1st, propter honoris respectum; as if a lord of Parliament be impannelled. 2d, propter defectum; as if a juryman be an alien born, or be in other respects generally objectionable. 3d, propter affectum; for suspicion of bias or partiality: and 4th, propter delictum; or, for some crime that affects the juror's credit, and renders him infamous; In treason and felony, the prisoner is allowed the privilege of a limited number of peremptory challenges; after which, as in misdemeanours, there is no limit to the number of challenges, if the party shows some cause for each challenge to the court.
The owner, an old white-haired Portuguese trader of Ega named Daniel Cardozo, was then at Barra attending the assizes as juryman, a public duty performed without remuneration, which took him six weeks away from his business. He was about to leave Barra himself, in a small boat, and recommended me to send forward my heavy baggage in the cuberta and make the journey with him.
Thus, even in the face of the facts proven against him, some "freak" juryman might still have said, "But, after all, how do you know that Strollo killed him? Some other fellow might have done it." Even the "faking" of a defence does not prove the defendant guilty, but merely that he fears conviction, and is ready to resort to feigned testimony to secure his freedom.
To a proposition in itself so reasonable no direct answer was made; but it was argued with great power on behalf of the crown, which seemed to think at the time that the whole case depended on getting this one particular man into the jury box, that the recalcitrant juryman was not in truth a butcher, that he was only a dealer in meat, and that though the stain of the blood descended the cruelty did not.
"Now I put it to you," pursued the juryman, shaking a forensic, and very dirty, forefinger at the inspector; "here are certain remains found at Sidcup; here are certain other remains found at St. Mary Cray, and certain others at Lee. All those places are in Kent.
An upright juryman, a conscientious constable, a humane overseer, an independent elector, an active superintendent of a work-house, a just arbitrator in public disputes, a kind counselor in private troubles; such a one, I say, fills up a station in society no less necessary, and, as far as it reaches, scarcely less important than that of a magistrate, a sheriff of a county, or even a member of parliament.
"They couldn't believe such a thing." "Don't you think Mrs. Webster Pratt would believe it, if she knew everything that we know?" I argued. "She'd believe it with only half as much proof, and she has just about the mental equipment of the average juryman. There'll be about four Mrs. Webster Pratts on that jury." "What can we do, Bupps?" Mary begged with tears in her eyes.
You ought to stand something handsome, Fagin, to recompense me for keeping house so long. Damme, I'm as flat as a juryman; and should have gone to sleep, as fast as Newgate, if I hadn't had the good natur' to amuse this youngster. Horrid dull, I'm blessed if I an't! With these and other ejaculations of the same kind, Mr.
Witness, do you undertake, under the solemn sanction of an oath, to say that my son Josiah was engaged in the game? By the way, Mr. Sniffle, do you understand the nature of an oath?" "No, Squire," slowly replied the witness, "I dun know as I do." "Don't you know what will become of you, Ranze, if you swear to a lie?" quickly asked a juryman from a back seat.
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