reful construction with due regard to what facts
shall be omitted (in order to enhance their dramatic effect when
ultimately proven) may well occupy the district attorney every evening
for a week. But if the speech itself has involved study and travail, it
is as nothing compared with the amount required by that most important
feature of every criminal case--the selection of the jury.
For a month before the trial, or whenever it may be that the jury has
been drawn, every member upon the panel has been subjected to an unseen
scrutiny. The prosecutor, through his own or through hired sleuths, has
examined into the family history, the business standing and methods, the
financial responsibility, the political and social affiliations, and the
personal habits and "past performances" of each and every talesman. When
at the beginning of the trial they, one by one, take the witness-chair
(on what is called the voir dire) to subject themselves to an
examination by both sides as to their fitness to serve as jurors in
the case, the district attorney probably has close fit hand a rather
detailed account of each, and perchance has great difficulty in
restraining a smile. When some prospective juror, in his eagerness
either to serve or to escape, deliberately equivocates in answer to an
important question as to his personal history.
"Are you acquainted with the accused or his family?" mildly inquires the
assistant prosecutor. "No--not at all," the talesman may blandly reply.
The answer, perhaps, is literally true, and yet the prosecutor may be
pardoned for murmuring
"Liar!" to himself as he sees that his memorandum concerning the juror's
qualifications states that he belongs to the same "lodge" with the
prisoner's uncle by marriage and carries an open account on his books
with the defendant's father.
"I think we will excuse Mr. Ananias," politely remarks the prosecutor;
then in an undertone he turns to his chief and mutters: "The old rascal!
He would have knifed us if we'd given him the chance!" And all this time
the disgruntled Mr. Ananias is wondering why, if he didn't "know the
defendant or his family," he was not accepted as a juror.
Of course, every district attorney has, or should have, information as
to each talesman's actual capabilities as a juror and something of
a record as to how he has acted under fire. If he is a member of the
"special" panel, it is easy to find out whether he has ever acquitted
or convicted i
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