Slavery (Before 1865)

SEC. II. TRIAL.


33. Jurors, how drawn and summoned. -- The justices of the inferior court, at their regular terms,⁽⁸⁾ shall draw, in the manner pointed out by law, not more than thirty-six, nor less than twenty-six jurors, twenty-four of whom shall be directed by such justices of the court to be summoned as aforesaid, to attend at the day and place pointed out for the trial of such slave or slaves, in manner aforesaid; and in case a sufficient number of those summoned should not attend, the said court shall direct the panel to be made up by talesmen, and all defaulting jurors so summoned in the manner pointed out by this act, shall be fined as in other cases pointed out by law.


34. At what time jurors to be drawn. -- So much of the eighth section of the before recited act, as requires, the justices of the inferior courts in this state to draw a jury of thirty-six, at their regular terms, for the trial of such slave or slaves, person or persons of color, as aforesaid, shall be, and the same is hereby repealed; and in lieu of such regular drawing of jurors, it shall be the duty of such justices, or a majority of the, forthwith after being notified of such commitment as aforesaid, to cause to be drawn fairly and impartially from the jury box the names of persons subject to serve as jurors, not less than twenty-six nor more than thirty-six jurors, who shall be summoned according to the requisitions of the before-recited act, to attend at the time and place pointed out for the trial of such slave or slaves, or person or persons of color, by the said justices of the inferior court.


35. Challenging jurors; number allowed state and defendant. -- The owner or manager of such slave or slaves, shall have the right of challenging seven of the said number summoned, and the said court five on the part of the sate, and the remaining twelve shall proceed to the trial of such slave or slaves.


36. Oath of jurors. -- As soon as the justices and jury shall be assembled, as aforesaid, in pursuance of the direction of this act, the said jury shall take the following oath: "I, A. B., do solemnly swear, in the presence of Almighty God, that I will truly and impartially try the prisoner or prisoners, brought upon his, her, or their trial, and a true verdict give according to evidence, to the best of my knowledge; so help me God."


37. Trial by jury. -- The said court shall cause twelve persons of those summoned, to be empaneled and sworn (the usual oath on such occasions made and provided) as jurors, to whom the said charge or accusation, in writing, and the evidence, shall be submitted.


38. Jury failing to render verdict, proceedings. -- If [in] any court held hereafter, within this state, for the trial of a slave or slaves, or free person or persons of color, the jury empaneled and sworn for such trial, shall, from any cause, fail to render a verdict, it shall and may be lawful for said court to adjourn to a succeeding day, not exceeding thirty days from the day of adjournment; and at the time of its adjournment, and before is shall adjourn, said court shall draw, agreeable to the provisions of the before-recited act, not less than twenty-six, and not more than thirty-six jurors, who shall be summoned to attend said adjournment, in the mode prescribed in the acts aforesaid; and the proceedings of said adjournment shall be in all respects the same as those pointed out in the before-recited acts.


39. Jury may be completed by talesman. -- In all cases where a sufficient number of the jurors summoned shall fail to attend, it shall be lawful for the court to complete the requisite number by summoning talesmen.