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That the rights and duties of jurors must necessarily be such as are here claimed for them, will be evident when it is considered what the trial by jury is, and what is its object. "The trial by jury," then, is a "trial by the country" that is, by the people as distinguished from a trial by the government. It was anciently called "trial per pais" that is, "trial by the country."
He could now understand easily why Fraser was going into the Mal Pais country, but he could not make out why the ranger, naturally a man who lived under his own hat and kept his own counsel, had told him so much as he had. The officer shortly relieved his mind on this point. "I may need help while I'm there. May I call on you if I do, seh?"
No, Fraser Lieutenant Fraser. Yes. How many of the boys can you get in touch with right away? Two? Good. I want you to cover the Arivaca cut-off. Kinney is headed that way in a rig. His sister is with him. She is not to be injured under any circumstances. Understand? Wire me at the Mal Pais mines to-morrow your news.
We may permit Montesquieu (Esprit des Lois II, 23, 14) to voice the French side of this question. "Les pais de pâturage sont pen peuplês. Les terres
All the month of February we were by day preparing for our long stay in the country, and at night making the most of the balls and parties of the most primitive kind, picking up a smattering of Spanish, and extending our acquaintance with the people and the costumbrea del pais.
"I came to see if you were awake," she explained. "Yes, ma'am, I am," he smiled. "I was thinking that we ought to be going. It will be dark before we reach Mal Pais." He leaped to his feet and faced her. "C'rect." "Are you hungry?" "Yes." He relit the fire and put on the coffee-pot before he saddled the horse. She ate and drank hurriedly, soon announcing herself ready for the start.
One still sees the ancient forest, with its disused roads grown deep with grass, and the place where seven roads meet u a forkeut set cemin qui s'en vont par le pais; we hear the light-hearted country people calling each other by their rustic names, and putting forward, as their spokesman, one among them who is more eloquent and ready than the rest li un qui plus fu enparles des autres; for the little book has its burlesque element also, so that one hears the faint, far-off laughter still.
The old fellow did not look at me, nor did the bleared eyes give any sign of intelligence. Nevertheless he answered my question. "Of what avail that I do wonders for you who believe not?" he asked, and his voice sounded cracked and far off. "It will avail thee several coins, friend," I answered, "both rupees and pais. Reflect that there may be bucksheesh in store for thee, and do a miracle."
The words printed there were "James Kinney." "I don't understand. This ain't Kinney. He is a heavy-set man with a villainous face. There's some mistake." "There ce'tainly is, but not at this end of the line. This is Kinney all right. I've seen him at Yuma. He was heading for the Mal Pais country and he died on the way. See hyer. Look at these soaked bandages.
In 1599 he was made honorary chaplain to Henry IV., and in 1626 was published his Description du pais de Quercy. His history of Sarlat, after remaining in MS. was at length published in 1887, but only 150 copies were printed. Happily one is in the British Museum, and I possess another.
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