Felonies and Misdemeanours
| DOI | 10.1177/002201834000400211 |
| Published date | 01 April 1940 |
| Date | 01 April 1940 |
| Subject Matter | Article |
Felonies
and
Misdemeanours
BY A· CHAIRMAN OF QUARTER SESSIONS
" Swear the jury for felony." Under that direction from
the clerk, the usher proceeds.with the ancient ceremony.
The
jurors-seven
now, instead of the time-honoured twelve
-stand
to be sworn.
They
stand separately: and they are
sworn individually.
For
it is felony. And the prisoner has
the right to challenge them. He is solemnly told that
" these good men and women that you shall now hear
called are the jurors who are to try
you;
if, therefore, you
will challenge. (or object to) them or any of them, you
must challenge
them
as they come to the Book to be
sworn, and before they are sworn, and you shall be heard."
How often is a
juror
challenged? Few members of the
Bar can recall an instance within their personal experience.
Indeed, it is doubtful'if the prisoner appreciates what it is
that the court has offered him in that dignified intimation
of his prerogative. -fight.
There
is a
story-of
apocryphal
authority-which
'says that an ex-boxer in the dock, on
being asked if he challenged any of the jurors, cast his trained
eye over them all and answered:
"Yes,
sir:
Idon't mind
taking on that little fellow in the corner."
There being no challenge, every
juror
takes the oath
:-
" I swear by Almighty God that I will well and
truly try and true deliverance make between our Sovereign
Lord the King and the prisoner at the bar whom I shall
have in charge, and a true verdict give according to the
evidence." .
The
jury
having true deliverance made, and the case
being over, the next alleged delinquent takes his place in the
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