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Heart's Desire by Emerson Hough
page 45 of 330 (13%)
reiterated once more that the "trile must go on." The prosecution was,
therefore, once more called upon to state the case. Again the attorney
for the defence protested, a foreshadowing of his fighting blood
reddening his face.

"I call for a jury," said he. "Does this court suppose we are going to
leave the liberty of this prisoner in the hands of a judge openly and
notoriously prejudiced as to the facts of this case? I demand a trial
by a jury of the defendant's peers."

Blackman reddened, but was game. "Jury goes," said he. "Count out
twelve fellers there, beginnin' next the door."

"Twelve!" said Dan Andersen, for the moment almost losing his gravity.
"I thought this court might be content with six for a justice's jury;
but realizing the importance of this court, we are willing to agree on
twelve."

It was so agreed. The jury took in every man in the little room but
three. "They'll do for a veniry," said Blackman, J. P., learnedly.
Under the circumstances, one can perhaps forgive him for becoming at
times a trifle mixed as to the legal proceedings.

At least, it was easy to agree as to the jury; for obviously the
population of the place was fully acquainted with all the facts in the
case, and each one had freely expressed his opinion upon the one side
or the other. There seemed to be no reason for excusing any juror for
cause; and upon the other hand, there are often very good reasons in a
Land Before the Law for not bringing up personal matters of this kind.
Indeed, the trial judge settled all that. He looked over the twelve
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