The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-01-16

hsv1-found TIE degree Of the na;ty and the
vs,4e IL the wsres Per ca an. Tbs
judge inform, the jury Of fbs matter Of ldtc,
and accordingly the finland 70 II btiong
nst II The e'Wt Hire he province OF hosh
court and jury are a(ccrraned The ia ige
mutt frfO'm cnir, and the jury are to sotis6
that information. THIS IS peculiarly the
cafe where the Judges differ in opinion, but
the finding the verdict and giving the ultI-
mate determination belongs not to The e'w't,
and according to this cafe to delay juie-
mcnt or fufpend it is illegal, aad the court
gVsuH nof hearken to fuch a motion.
So, ALTO is that cafe in 3. Leon. i37
Broughton and Prince, the defendant
pleaded he was ftudent of the inner EN-
pie, esnGE0rim in hgs yuditM. The pain,
tiff replied, de injaria Ina prspria and ira
verfes abjqn boz qnod in hge 0HditHJ, q
bee petit, SIC. AtkInfon excepted TO the
traverle, for he Jays it refers a matter TO the
Jury which cannot be tried by them, as IL
is matter Of LasO. But per Manhood
Chief Baron, it ihall be tried by the coun-
try.
Trials per Pals. ca jury fhall enquire
of the infent Of a man" vol. 1. p. 73I.
Ieites Hut. lib 4, 10. this furely is giving
a Jury greater power than would be allowed
ItHem. This applies itfelf at once to Ri
~chardfon's cafe. He was indicted tor MFR
der. his intention therefore makes the qua
lity of his crime, and if it was malicious
it was murder. The jury in this cafe were
o. opinion that this intent was malicious,
and this liberty, this authority gives them.
TIC Cert as they do, that the jury in this
cafe thOald only have found that he killed,
Sc. and leave his intsMf to the court, is
fying in the. sxprtfS face of an authority,
and letting law at defiance. In the cafe
now cited, (fienS eantm )nnm Hd mOrOsnd'5
ovss eonjzanm. Scism could not be IT,.
verfed, and yet it declares jury fhall en-
qIire of it.
The books are alto exprels, that if the
jurors will give general rdiet, though
the court aiirrd them nb>rsO;/e, and are una
nimouJ in their dirr@. Ion, the verdict mEf
re ysesiUed, and the court cannot refu(e il.
Litt!eton Jays, the Jury may give general
verdict. The Books fay further, the Court
ar obheed to take. So il was determined
before Juffice Wyndham, Lent AHizes,
1851, Verdon's cafe at Cambridge. VIII
man be fuppoled to act unworthy his
character as citizen, Tbs quOisS, whether
denying TO pats judgment on Richardfon,
though legally and fairly convicted, refuf-
ing TO receive the verdict, and keeping the
milerable creature in gaol, term after term,
without doing any thing in the matter, is
not ftretch beyond the barriers of right
Whether the fword of juftice does not but
family CLEAN, and prejudice and wrong tri-
umph in the room OF Law
The jury BY the law of England are to
determine in all caules civil and criminal.
Taken from the vicinity, they are fuDpofed
to be we'll acquainted with the fact, and
therefore can give juf verdict. Bulisd,
however, as they ATE in the common Affairs
of lite, they cannot be iuPpoied to be well
acquainted with the decilions of courts.
This, therefore, is the province of another
Get of men, whole leIiure and abilities rem
der them more capable of fuch fudies. 1t
is thT duty of theie Taft, to regulate, to pre-
Eds, and to dirTS in the management and
conduit of caufes to determine matters of
law that may arile, and finally to fate to the
Jury the evidence and the law thereon, to
O0N them in their determination. Hence
thOle ufual expreAiOns, Ty's think q, ysa'E