The Sun.
London, England, 1860-05-30 00:00:00

he said he had only 3s. about him, and that sum
was found in his tobacco box. Ile was very reluc:

tant to be searched, but the policeman insisied, and
in his watch fob he found three half-crowns and
three florins, which with the 3s. made up the pre-
cise sum, and in exactly the same description of coin
which the prosecutor had lost from bis pocket. The
prisoner had been -without money just before, and.
he accounted for his possession of this silver by
saying a brother of his had lent him a sovereign a
week previously, but he could not say where his
brother could he found.
When Mr. Payne had summed up the dissentient
juror said he would never agree to a c.9rdict of guilty,
as none of the coins had been identified by marks.
Mr. Payne said that was not necessary, if they
believed upon the evidence that the 1.11(31-my, from
the description of coin and the amount,
was the
prosecutor's.
The juror said that did not matter, and he.'
should
hold out for six months if necessary.
Mr. Payne said he had no alternative but to h; eve
them put in charge of a bailiff and locked up, whicJ'
was accordingly done.
After the lapse of some hours they were sent for
and brought into court, when the foreman said
there was not the slightest chance of their agree-
ing, and suggested that it was the opinion of some
of the jury who were acquainted with the dissen-
tient juror that his mind was affected. •
The juror indignantly denied this, and said his
constitution had suffered through calamity, but his
mind was all right ; he was there sworn to act ac-
cording to his conscience, and he should do so.
Mr. Payne asked if there was any one present
who could put the Court in possession of any pre-
cise facts upon the subject.
A juryman said he was aware of some circum-
stances in connexion with Mr.-- (the juryman),
of a very painful nature, which it was believed had
affected his mind to some extent, but which in no
way reflected upon him. He was at first sorry to
see Mr. -- on the jury, but did not, from a deli-
cate feeling of sympathy, mention the matter, or he
might have Revented him being put in the box. It
was very hard upon the eleven, who had agreed, to
be locked up as prisoners because one held out
through obstinacy.
The juror said it was nothing of the kind. His
mind was quite correct, though he might have suf-
fered misfortunes.
The other juror remarked that the same thing
had occurred before.
The dissentient juryman—Yes, 11 of you were
for acquitting, arid I was for convicting, but as you
were on the side of mercy 1 gave way ; 11 of you
are now for convicting, I am for acquitting, and as
I am on the side of mercy I shall not-give way.
Mr. Payne said juries must act with the view of
justice according to the evidence' and not go against
evidence out of considerations oimercy. They must
either find the man guilty or not guilty, or the in-
termediate course must be taken of discharging
them without giving a verdict at all, and that could
only be done upon proof that a longer confinement
would be injurious and dangerous to their health.
They must go back to their room.
Before they retired the dissentient juror protested
against one juror getting up in the box and pub-
licly stating that a fellow-juror was out of his mind.
He was not out of his mind, though his constitution
had suffered, and the assertion that he was not of
sound mind was not only untrue, but a most un-
gentlemanly one to make.
Mr. Payne said the question was not in a shape
to be dealt with by the Court then.
After the jury had been confined for eight hours
under lock and key without refreshment it was
stated that one of them was suffering from disease
'of the heart and was very unwell ; Mr. Payne
thereupon sent for' Mr. Lavies, the surgeon to the
BVestrainster Prison, who examined the juryman
in question, and stated on oath that from the symp-
toms he perceived and the statements the gentleman
made, be believed a longer confinement might re-
sult in a fit, which would place his life in imminent
peril. The excitement might bring it on.
Mr. Payne said upon this he should discharge
the jury from giving a verdict, and the prisoner
would be tried again next sessions.
This was accordingly done, and the Court ad-
journed.