This ceremony, now little more than a blank form, was soon ended, and
the plea of “not guilty” was entered. The next step was to empannel the
jury, a task of infinite difficulty, and one that has got to be so much
an out-work, in the proceedings in criminal cases, as almost to baffle
the powers of the law. It is no unusual thing for the time of the court
to be occupied a week or two, in this preliminary proceeding, until the
evil has got to be so crying as to induce the executive to recommend
that the legislature may devise some mode of relief. One of the most
besetting vices of all American legislation, in those cases in which
abuses are not the offspring of party, is a false philanthropy, in which
the wicked and evil doer has been protected at the expense of the
upright and obedient. The abuse just mentioned is one of those in which
the bottom has been reached somewhat sooner than common; but, it is
hazarding little to predict, that more than half which has been done
within the last few years, under the guise of liberty and philanthropy,
will have to be undone, ere the citizen will be left to the quiet
enjoyment of his rights, or can receive the just protection of the laws.
One of the common-sense and real improvements of the day, is to swear
the jurors, in all the causes that are to be tried, by one process. This
is a saving of time; and though the ceremony might be, and ought to be
made, much more solemn and impressive than it is, as by causing all
other business to cease, and to make every one present rise, and stand
in reverential silence, while the name of the God of heaven and earth is
invoked, still it is a great improvement on the ancient mode, and has
reason to sustain it. It gives us pleasure to note such circumstances in
the “ways of the hour,” whenever a sense of right can induce one who
loathes the flattery of the people quite as much as he loathes that of
princes, and flattery of all sorts, to say aught in favour of what has
been done, or is yet doing around him.
The clerk called the name of Jonas Wattles, the first juror drawn. This
man was a respectable mechanic, of no great force in the way of mind,
but meaning well, and reputed honest. Timms gave the senior counsel a
look, which the other understood to mean, “he may do.” No objection
being made on account of the state, Jonas Wattles took his seat in the
jury-box, which was thought great good luck for a capital case.
“Ira Trueman,” cried the clerk.
Public-domain text, read in full here on John Shaqi.
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