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One look at him as a prospective talesman in a murder case and you would have unhesitatingly murmured, "The defense challenges peremptorily!" His broad forehead, large well-shaped nose, firm chin and clear calm eye evidenced his common sense, his conscientiousness and his uncompromising adherence to principle.
The whole thing was so thin as to deceive nobody, but Mr. Purdy, as each talesman took the witness-chair to be examined on the voir dire, solemnly asked each one: "Pardon me for asking such a question at this time it is only my duty to my unfortunate client that impels me to it but have you any sympathy with anarchy or with assassination?"
But again the verdict was the same. And again an appeal was taken; was refused by the next higher court; and allowed by the highest; this time because a talesman had said he had expressed an opinion, but had not formed one.
This you see, my friends of Yorkshire, is meant to quiet the conscience of Mr. SEPTIMUS BROMLEY and his brother TALESMAN. The SPECIAL Gentlemen being above any thing of the sort. I wish some friend who lives near the said Septimus would give me a line, and tell me who and what he is, and what he says for himself.
In fact, a certain subconscious influence affecting most of them was formulated by the thirty-ninth talesman to be rejected, who, in a moment of resentment, burst forth, "I don't mind trying decent American criminals, but I hold it isn't any part of a citizen's duty to try Chinamen!" and was promptly struck off the jury list.
The court officer rapped sharply for silence. "Are you quite ready to proceed with the case?" inquired the judge with a courtesy in which was ill concealed a leer of triumph. "Yes, Your Honor," responded Mr. Tutt in velvet tones. "Call the first talesman!"
Tutt had exhausted twenty-nine of his thirty challenges, as against three for the prosecution. The court reconvened and a new talesman was called, resembling in appearance a professional hangman who for relaxation leaned toward the execution of Italians. Mr. Tutt examined him for bias and every known form of incompetency, but in vain then challenged peremptorily. Thirty challenges!
When some prospective juror, in his eagerness either to serve or to escape, deliberately equivocates in answer to an important question as to his personal history. "Are you acquainted with the accused or his family?" mildly inquires the assistant prosecutor. "No not at all," the talesman may blandly reply.
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