On a Jury in Washington Territory. ones, at most a squabble between neighbors over line fences, or the like. It is the usual thing for the juror, especially if he has muchintelligence, to be excused from serving on many cases, so it goes without saying that Mab and I often went to court at ten to respond to the call of the bailiff, and then to go shopping or calling till we should report again for the next case. One afternoon Mab was retained, but I was assured by the bailiff that no new case would be brought up; so I went calling. Just after I went away, however, a new case was called, and there was one juror missing. Now, it is n't at all the proper thing for a juror to be missing; the dignity of the court must be respected, and one is expected to give so serious and weighty an occasion his undivided attention, and not to go making calls. Therefore when the delinquency was reported, the court machinery was stopped, the judge looked a severe reprimand, and a deputy sped away after the caller. Now it happened that as I wore my best gloves, and was displaying my most elegant air, I thought it would be a good time for ceremonious calls, fashionable calls; not those cosy chats where one takes a rocking chair, and with great sociability spends a pleasant hour or two, but where the weather, the family health, and the latest things in literature or art are gingerly touched upon for a space of ten minutes, when the carriage is discovered to be waiting. Well, I fashionably called from house to house, and the deputy called after me. At last we met on a crossing. I was taken into custody, as it were, and with the comforting assurance that I should likely be fined for contempt of court, was escorted back. It was a serious matter with me, I assure you, and I don't doubt I felt as guilty as any culprit present, as I was marched up the long aisle, past gaping, grinning faces. Shortly after, however, I had occasion to be comforted for my delinquency. A little room on the upper floor was jury room, where we held our deliberations. If my faint recollection is correct, it was once when we were shut up there that it happened. The case had been tedious, and the judge's charge long, and he had apparently taken it for granted that it would be hours before we came to a decision, and had serenely gone off to dinner. But he did not know the mental capacity and decision of his jurors. We were eleven to one on the first count, and on the second the one perverse juror must have concluded that he could n't possibly be right if the eleven thought otherwise, for there was no dissenting voice. Then we clamored to be let out; but no judge was there to receive our report, and we pined in seclusion till he, in his turn, had been followed up and brought back by the marshal. One thing that went far toward making Mab and me feel re-assured was the fact that our fellow jurors were Irishmen, Scandinavians, or other honest farmers, who perhaps could spell, but certainly did not impress us deeply with the superiority of the masculine brain. Indeed, I think that but for the fact that we were modest-minded young women, we should have been inclined to take credit to ourselves for our higher intellectual attainments. Any way, we felt that all that was necessary was to be very dignified, and we should not detract from the credit of our sex. I am afraid that those lawyers regarded us as an innovation gotten up for their diversion. They were, as I have said, deferential to the last degree; but 0, some the questions they asked us! "Were we surely twenty-one? " —" Had we ever served on a jury before?" And in one case where some neighbors had resorted to weapons,- shovels, I believe they were- in the settlement of a difference, "If we were attacked by any one would we feel called upon to defend ourselves?" We thought we should, and 44 [Jan.
On a Jury in Washington Territory [pp. 41-46]
Overland monthly and Out West magazine. / Volume 13, Issue 73
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- Contents - pp. iii-vi
- Hydraulic Mining, Part II - Irving M. Scott - pp. 1-12
- The California Palestine - Charles H. Shinn - pp. 13-25
- Surrender - M. C. Gillington - pp. 25
- A Christmas on the Arkansas - Marshall Graham - pp. 26-40
- On a Jury in Washington Territory - M. R. - pp. 41-46
- Ave Sanctissima - Melville Upton - pp. 46
- Ballad of the Death-Stone - Flora B. Harris - pp. 47-48
- Three Pines, Chapters XI-XII - Leonard Kip - pp. 49-58
- Me an' Babby - Ninetta Eames - pp. 58-70
- Midwinter, East and West - Virna Woods - pp. 70
- Confederate Makeshifts - Neal Wilson - pp. 71-79
- Belleboo, Chapters I-IV - I. H. Ballard - pp. 79-87
- A Year of Verse, Part II - pp. 88-97
- Recent Biography - pp. 98-102
- Etc. - pp. 103-106
- Book Reviews - pp. 107-112
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"On a Jury in Washington Territory [pp. 41-46]." In the digital collection Making of America Journal Articles. https://name.umdl.umich.edu/ahj1472.2-13.073. University of Michigan Library Digital Collections. Accessed June 22, 2025.