the calendar, he may privately send word to the
juryman by a court attendant that he is excused for the term or for a
few days until the Christmas rush is over or his wife is better.
Judges are often humane, but if they were to excuse the juror openly
they would find all the others in court clamoring for the same
exemption. If the juryman merely wants to dodge the duty he probably
does not get excused. The judge seems surprisingly intelligent and
discriminating and able to pick the sheep from the goats. The man who
merely wants to escape serving usually has to, and the man on whom it
is a hardship is sometimes let off. Uniformly the jurymen feel that it
is a necessary evil, but not so bad when they are once in court.

Until a case is called for trial they sit about the court-room or walk
in the corridors. In the meanwhile, the judge is arranging the
calendar, and they have been watching the maneuvers of the lawyers to
have their cases put off, or they may have seen the amusing little
by-plays when one lawyer crosses the aisle of the court-room,
button-holes his opponent, and whispers something to him. The other
lawyer motions to his client and the party moves to the hall where
there is a secret conference about a proposition of settlement.
Something is agreed upon or they may not come to terms and decide to
go on with the trial. If there is to be a settlement the two lawyers
walk up to the rail and say:

"Will your Honor excuse us if we interrupt and mark the case of Allen
against Brewster settled." The judge smiles with pleasure; he does not
mind at all being interrupted for that purpose. He is pleased to have
one more case off the score.

When the time comes for the selection of a jury they wait for their
names to be called with the thought that the axe is about to fall. As
they are examined they answer the questions of their occupations and
opinions truthfully, but if for any reason they are excused, they
leave the box with a smile at those impaneled and a sigh of relief as
at danger escaped.

Like many honors, the position of foreman of a jury is an empty honor.
He has the first seat and he heads the procession when the jury walk
in and out of court; he also announces the verdict, but he has no
actual power either in the jury-room or in the court. If there is a
vote to be taken, he has no deciding voice, but in the deliberations
he quickly falls to the level which his attainments justify.

During the trial a f