special jury on
a writ of inquiry to determine the damages thus sustained by the
parson; and as this was a very simple question of arithmetic, the
counsel for the defendants expressed his desire to withdraw from the
case.

Such was the situation, when these defendants, having been assured by
their counsel that all further struggle would be hopeless, turned for
help to the enterprising young lawyer who, in that very place, had
been for the previous three and a half years pushing his way to notice
in his profession. To him, accordingly, they brought their cause,--a
desperate cause, truly,--a cause already lost and abandoned by veteran
and eminent counsel. Undoubtedly, by the ethics of his profession,
Patrick Henry was bound to accept the retainer that was thus tendered
him; and, undoubtedly, by the organization of his own mind, having
once accepted that retainer, he was likely to devote to the cause no
tepid or half-hearted service.

The decision of the court, which has been referred to, was rendered at
its November session. On the first day of the session in December, the
order was executed for summoning a select jury "to examine whether the
plaintiff had sustained any damages, and what."[50] Obviously, in the
determination of these two questions, much would depend on the
personal composition of the jury; and it is apparent that this matter
was diligently attended to by the sheriff. His plan seems to have been
to secure a good, honest jury of twelve adult male persons, but
without having among them a single one of those over-scrupulous and
intractable people who, in Virginia, at that time, were still
technically described as gentlemen. With what delicacy and efficiency
he managed this part of the business was thus described shortly
afterward by the plaintiff, of course a deeply interested
eye-witness:--

"The sheriff went into a public room full of gentlemen, and
told his errand. One excused himself ... as having already
given his opinion in a similar case. On this, ... he
immediately left the room, without summoning any one person
there. He afterwards met another gentleman ... on the green,
and, on saying he was not fit to serve, being a church
warden, he took upon himself to excuse him, too, and, as far
as I can learn made no further attempts to summon
gentlemen.... Hence he went among the vulgar herd. After he
had selected and set down upon his list about eight or