The Expedition of Humphry ClinkerSmollett, T. (Tobias)
General
The Expedition of Humphry Clinker
Smollett, T. (Tobias)
Epistolary fiction; Great Britain -- Fiction; Travelers -- Fiction
He owned, however, that under due restrictions, it would be a valuable
privilege; but affirmed, that at present there was no law in England
sufficient to restrain it within proper bounds.
With respect to juries, he expressed himself to this effect:--juries
are generally composed of illiterate plebeians, apt to be mistaken,
easily misled, and open to sinister influence; for if either of the
parties to be tried, can gain over one of the twelve jurors, he has
secured the verdict in his favour; the juryman thus brought over will,
in despight of all evidence and conviction, generally hold out till his
fellows are fatigued, and harassed, and starved into concurrence; in
which case the verdict is unjust, and the jurors are all perjured: but
cases will often occur, when the jurors are really divided in opinion,
and each side is convinced in opposition to the other; but no verdict
will be received, unless they are unanimous, and they are all bound, not
only in conscience, but by oath, to judge and declare according to their
conviction.--What then will be the consequence?--They must either
starve in company, or one side must sacrifice their conscience to their
convenience, and join in a verdict which they believe to be false. This
absurdity is avoided in Sweden, where a bare majority is sufficient; and
in Scotland, where two thirds of the jury are required to concur in the
verdict.
You must not imagine that all these deductions were made on his part,
without contradictions on mine.--No--the truth is, I found myself piqued
in point of honour, at his pretending to be so much wiser than his
neighbours.--I questioned all his assertions, started innumerable
objections, argued and wrangled with uncommon perseverance, and grew
very warm, and even violent, in the debate.--Sometimes he was puzzled,
and once or twice, I think, fairly refuted; but from those falls he rose
again, like Antaeus, with redoubled vigour, till at length I was tired,
exhausted, and really did not know how to proceed, when luckily he
dropped a hint, by which he discovered he had been bred to the law;
a confession which enabled me to retire from the dispute with a good
grace, as it could not be supposed that a man like me, who had been bred
to nothing, should be able to cope with a veteran in his own profession.
I believe, however, that I shall for some time continue to chew the cud
of reflection upon many observations which this original discharged.
Public-domain text, read in full here on John Shaqi.
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