With these words his Lordship dismissed the grand jury; and the
barristers, in their wigs and gowns, some of them with briefs and a
good many with none, came streaming into the well of the court,
filling up the seats specially reserved for them, and overflowing into
those occupied by their colleagues of the 'lower branch.' It seems
rather hard on the Bar that some mysterious rule of etiquette, which
they themselves probably do not understand, should forbid them to
enter the assize court till this particular stage in the proceedings.
Or can it be that this rule had its origin in the wisdom of their
remote predecessors, devising artful means to escape the infliction
of a tedious charge without appearing disrespectful to the Bench?
A lull followed. The judge, accustomed to have the eyes of men upon
him, calmly betook himself to letter-writing. The high-sheriff, not
so accustomed, fidgeted in his seat, looked round and counted the
javelin-men in court, wondered how long the grand jury would be, and
remembered, let us hope with remorse, the time when he was a grand
juryman himself and wasted the time of the county by unnecessary
questions to the witnesses. The fact is that the grand jury is played
out. Everything for which they originally existed is now done by
somebody else. Every case that comes before them now has already been
investigated once by the committing magistrates. Their duty is simply
to accuse the prisoner, nothing more; and it would be quite sufficient
if they would just read the depositions and sign the indictment. But
man, brief man, placed on a grand jury, and shut into a room without
the interference of a legal authority, delights to show himself off by
vain and superfluous inquiry. And hence it was that more than half an
hour elapsed before the foreman was seen returning into the court with
a trumpery indictment for larceny.
The interval had been usefully employed by the clerk of arraigns in
compiling a petty jury, something in this fashion:
The Clerk of Arraigns (_taking up a ticket, rather larger than a
visiting-card, from a heap before him_): 'John Henry Mullerall!' (_To
his clerk, a humble person in plebeian attire, who is popularly
believed to know a great deal more about the procedure than the judge
and the whole court put together_): 'Did he answer?' (_The clerk
hasn't heard him._) 'John--Henry' (_very loudly_) 'Mull---- Oh! I see
it's Muggle'--(_at the top of his voice_) 'Mugglewrath!' (_testily_)
'Are you there?'
John Henry Mugglewrath (_from a seat close by_): 'Here!'
The Clerk of Arraigns: 'Oh! there you are. Why _don't_ you gentlemen
answer when you hear your names? Go into the box, please.'
Public-domain text, read in full here on John Shaqi.
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