a certain mystification about
this drawing of the jury from the wooden drum with the handle for
turning. To the initiated it may seem rather humorous, like the
shuffling of the cards of justice, the drawing from a hat, or the
turning of a roulette wheel. It is, however, significant of one of the
great principles of Anglo-Saxon law, and that is a trial by a court of
average men selected from among the ordinary citizens and drawn on the
particular case by chance.
As each juror's name is called he comes forward and his appearance is
not lost by counsel. He takes his seat in the box, the juror being
first called is known as Juror No. 1, and by this chance, if he remain
in the box, he ordinarily becomes the foreman of the jury. In cases of
special juries, as of the Grand Jury, the foreman is chosen by
selection. The successive jurors are respectively numbered according
to their seats beginning from right to left facing them. Here it may
be noted that some lawyers in addressing questions to the individual
jurors are careful to remember to call them by name, realizing that no
one likes to be known by a number. Instead of referring to him as
Juror No. 7 or No. 9, he addresses him as Mr. Sullivan or Mr.
Schmittberger.
The twelve men being in the box the counsellors begin to examine them
as to their qualifications. On a small board bound lengthwise by
rubber bands, or stuck in grooves are the cards drawn from the wheel
and arranged according to the number of the seats, and containing the
names, addresses, and occupations of the gentlemen seated in the box.
There are two means of removing a juryman. One is by challenge for
cause, _i.e._, that he is shown to be unfit or prejudiced, and the
other is what is known as a peremptory challenge which is practically
the same as saying one side or the other does not like the man's
looks. There are connotations about the word challenge which are
essentially dramatic. It implies a battle, a duel, a tournament.
It is difficult to ascertain exactly what principles govern the
successful examination and selection of a jury. In Massachusetts and
in certain important cases in New York, the whole panel of jurors
summoned for the term of court have been investigated by detectives
in order that the lawyer might have information about who was to be
rejected or accepted as a juror to decide the case. The propriety of
doing this may be questioned and the ordinary case could not bear such
an expen
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