"CHALLENGE!" GENTLEMEN OF THE JURY.

Evening Post, Volume LXXVIII, Issue 60, 8 September 1909, Page 3

" CHALLENGE !" GENTLEMEN OF THE JURY.

ONE GOOD MAN AND TRUE. It was a plungs into print, into publicity, with a vengeance, and the shock took his breath away. As the citizen of a great and just Empire, ha had been called upon in the name of his Majesty the King to attend on the empanelling of the new jury, and, in his torn, aid in the dispensation of justice. It had had a glorious Aftermath, the summons, and the somewhat inglorious street fairly buzzed with excitement mingled with envy. As a fruit' merchant, humble, and "without a career," he had commanded certain respect. But, as is the manner of dwellers in inglorious streets, the novelty faded. He sold the regular penn'orth of "specks" to the urchin who was impudent when he had no money, and more so when he "cashed out." But now his reputation was sealed ; he was to sic in the jury-box and make one of a dozen. The street was staggered at first, but got its second wind. How glad a day it was for the family that lived behind the fruit. It was a time (for the happy citizen) for best clothes and blacked boots. His Majesty's money was a, secondary consideration, his Majesty's confidence a greater. Friends worshipped openly, and foes made friendly advances, RUNNING THE GAUNTLET. In a pearly dawn he had risen to make adequate and appropriate preparation. i A f eeling_ of uplif tment internally lett room for ' little breakfast. Amid the paraphernalia of the court, the feeling intensified. The austere majesty of tho proceedings kept him anxious. Already seven goo^ men and true had passed ths critical eyes of the Crown Prosecutor, and his adviser, a whispering police officer, and the cold eye of the prisoner* pleader. Suddenly, his name ! He hurried through the crowd, hot and selfconscious, the object of all eyes. Swiftly he stood out before a discerning world, and he wondered, as he stood, hat in hand, whether the hair he had carefully plastered over suspiciously shining patches on his crown, had, in the hurry and excitement, fallen away from grace (as it were). Under the converging gaze, while tremors played hide and seek on his spine, he felt that his last year's tie, his particularly glossy collar, and the fall of his coat at the shoulders betrayed his calling, shouted his address. Then, in the unconscionably long time he stood there, it flashed through his mmd — a terrible possibility ! What if he were challenged? His heart stood still as the Crown Prosecutor glanced up ... and did not speak ; aSTHefendiug counsel looked him over. Dazed, he felt & constable's directing hand, and stumbled into a seat. He was safe, but his Eulse slowed down at tho thought that c might have missed ! IN THE SEAT OF iTHE MIGHTY. 'Past the grim possibility, oyer the suspense, he threw himself back, once again this old self. So till the machinery of ' the engine of law began to move. He gave his assent to the foreman with a grand air, and turned a cool gaze upon the prisoner at the bar ; assuming, as he did so, an air of psychological analysis. He had been a close observer of criminal characteristics from his youth up, as portrayed in the various sensational and cheap publications ; and now, his brow wrinkled in the effort to fix

definitely whether the prisoner's ears wero large enough, his jowl heavy enough, hi& eyes and fingers sinfullaoking enough to decide his- fate. Then the fruit merchant-juror turned to hearken to the story of the prosecuting counsel. He listened intently, and felt glad that his suspicions concerning the offender were being fast confirmed. Sternly he eyed the witnesses as they were sworn. It was a black story they told, but still he was there to see justice done, and when the time arrived for a decision he must possess the main features of the evidence. He asked for paper, taking notes voluminously. He could not join them up later, but clearly he had impressed the court and the watchful reporters. What a etory he would have to tell the family over th& tea-cups this evening! SWAYED BY A COMPELLING COUNSEL. The story for the Crown, plus his own 'psychological conclusions, assured him of the prisoner's guilt. He wondered if the man in the dock was a married man, [ and the possibility unsealed his emotions. Unconsciously he began to temper his justice with mercy. Almost he hoped that defending counsel of the compelling tone and the flashing eye would effectually rebut the accusations. The imperfect juror turned, and found counsel of the large voice speaking directly at him. The advocate held his gaze and with a flippant reference to the opposition attack, smiled friendly. Clearly he had smiled at the fruit merchant, and the latter, in all good-fellowship, returned the familiarity. Already counsel's perspicacity had passed over all the other jurymen, fixing upon him, cultivating his close attention as something worthy. What a good fellow that coun- j sel was, fighting so valorously for the liberty of the accused man. Gradually the subtle geniality and warn appeals | won his heaTt, turned the scale. He 1 glowed, reversing one by one his mature conclusions. If he were permitted he would like to tell the compelling advocate his admiration, and he believed j that he had cultivated such an acquain- j tance as would justify at least a nod of recognition beyond the court precincts. What a grand thing justice was and the jury system. "HOW I DID IT." When the court adjourned for lunch, and the judge had warned them to silence with strangers, right well he obeyed the injunction. And when the court asked for a verdict he, remembering counsel's graciousness, voted with the majority which overcame, by much confused argument, a vain juror, an unintelligent juror, and one a pseudo-legal member. *"• Acquitted ! He was proud of nis work. After, the street and home were a triumphal progress. Over the red herring he gloated on the newspaper, later producing his notes with an impressive movement. Exultingly he told the marvellous story and with many repetitions, and in the calm dark of midnight, still awake and glowing, he longed for the morrow, when the tale would once more go round, and his glory shine untarnished. An Austrian who proceeded against a countryman in the Auckland- Police Court on Friday, for using insulting language towards him stated in evidence that he' (complainant) had never used bad language in his life. The opposing counsel (Mr. W. P. Endean) opened hia cross-examination by interrogating : "You are a saint?" The Austrian did not understand. "You are a saint fit to go to heaven" elaborated Mr. Endean. The Austrian thought a minute, reports the Herald, and then he said he was nob sure of that. How could -he say where he would go, any more than where counsel was going?