Heart's Desire: The Story of a Contented Town, Certain Peculiar Citizens, and Two Fortunate Lovers; A NovelHough, Emerson
General
Heart's Desire: The Story of a Contented Town, Certain Peculiar Citizens, and Two Fortunate Lovers; A Novel
Hough, Emerson
City and town life -- Fiction; Western stories
"Then, your Honor," cried Dan Andersen, springing to his feet, "then I
shall resort to the ancient bulwark of our personal liberties. I shall
sue out a writ of _habeas corpus_, and take this prisoner out of
custody. I'll sue this court on its bond! I'll take a change of
venue! We'll leave no stone unturned to set this innocent man free and
restore him to the bosom of his family!"
This speech produced a great effect on the audience, as murmurs of
approbation testified, but the doughty Justice of the Peace was not so
easily to be reckoned with. He pointed out that there was no officer
to serve a writ of _habeas corpus_; that the court had given no bond
to anybody and did not propose to do so; that there was no other court
to which to apply for a change of "vendew," as he termed it; and
reiterated once more that the "trile must go on." The prosecution was,
therefore, once more called upon to state the case. Again the attorney
for the defence protested, a foreshadowing of his fighting blood
reddening his face.
"I call for a jury," said he. "Does this court suppose we are going to
leave the liberty of this prisoner in the hands of a judge openly and
notoriously prejudiced as to the facts of this case? I demand a trial
by a jury of the defendant's peers."
Blackman reddened, but was game. "Jury goes," said he. "Count out
twelve fellers there, beginnin' next the door."
"Twelve!" said Dan Andersen, for the moment almost losing his gravity.
"I thought this court might be content with six for a justice's jury;
but realizing the importance of this court, we are willing to agree on
twelve."
It was so agreed. The jury took in every man in the little room but
three. "They'll do for a veniry," said Blackman, J. P., learnedly.
Under the circumstances, one can perhaps forgive him for becoming at
times a trifle mixed as to the legal proceedings.
At least, it was easy to agree as to the jury; for obviously the
population of the place was fully acquainted with all the facts in the
case, and each one had freely expressed his opinion upon the one side
or the other. There seemed to be no reason for excusing any juror for
cause; and upon the other hand, there are often very good reasons in a
Land Before the Law for not bringing up personal matters of this kind.
Indeed, the trial judge settled all that. He looked over the twelve
good men and true thus segregated, and remarked briefly: "They're his
peers, all right. The trile will now proceed."
Whereupon he swore them solemnly and made a record in his fee book, to
the later consternation of his jurors. "Ain't this court a notary,
too?" said Blackman later. "And ain't a notary entitled to so much fee
for administerin' a oath? And didn't I administer twelve oaths?"
There was small answer to this, after all. The laborer is worthy of
his hire; and Blackman really labored in this case as in all likelihood
few justices have before or since.
Public-domain text, read in full here on John Shaqi.
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