Criminals -- Fiction; Social problems -- Fiction; United States -- Social conditions -- 1865-1918 -- Fiction
Marriott, after an examination he knew was hopeless from the start,
found no cause for challenge; and after Glassford, as if some deeper
possibilities had occurred to his superior mind, had asked McGiffert
about his age and his health, McGiffert, with the relief of a man who
has passed successfully through an ordeal, climbed hastily into the
jury-box and retreated to its farthest corner, as if it were a safe
place from which he could not be dislodged.
One by one the venire-men were examined; several were excused. One old
man, although he protested, was manifestly deaf, another had employed
Eades, another rose and, hanging over the desk, whispered to Glassford,
who immediately excused him because of physical disability; finally, by
noon, the panel was full.
Marriott scanned the twelve bearded men. Viewed as a whole, they seemed
well to typify the great institution of the English law, centuries old;
their beards clung to them like the gray moss of a live-oak, hoary with
age. But these patriarchal beards could lend little dignity. The old
men sat there suggesting the diseases of age--rheumatism, lumbago,
palsy--death and decay. Their faces were mere masks of clay; they were
lacking in imagination, in humor, in sympathy, in pity, in mercy, all
the high human qualities having long ago died within them, leaving their
bodies untenanted. He knew they were ready at that moment to convict
Archie. He had sixteen peremptory challenges, and as he reflected that
these would soon be exhausted and that the men who were thus excused
would be replaced by others just like them, a despair seized him. But
it was imperative to get rid of these; they were, for the most part,
professional jurors who would invariably vote for the state. He must
begin to use those precious peremptory challenges and compel the court
to issue special venires; in the haste and confusion men might be found
who would be less professional and more intelligent. In this case,
involving, as it did, the Flanagan case, he needed strong, independent
men, whereas Eades required instead weak, subservient and stupid
men--men with crystallized minds, dull, orthodox, inaccessible to ideas.
Furthermore, Marriott recalled that juries are not made up of twelve
men, as the law boasts, but of two or three men, or more often, of one
man stronger than the rest, who dominates his fellows, lays his
masterful will upon them, and bends them to his wishes and his
prejudices. Perhaps, in some special venire, quite by accident, when the
sheriff’s deputies began to scour the town, there might be found one
such man, who, for some obscure reason, would incline to Archie’s side.
On such a caprice of fate hung Archie’s life.
"Mr. Marriott, the court is waiting," said Glassford.
"If your Honor will indulge us a moment." Then Marriott whispered to
Archie.
Public-domain text, read in full here on John Shaqi.
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