The Massachusetts spy. [volume] (Boston [Mass.]) 1770-1772, 1772-01-23

Iin1. h0mlttihgkulIn 10 DC UedIIbR VI iPG'
ciaI vsrdi6ta j0nad by jury, as is rxprflSb
laid, and every thing appears plain and In
;elligible. To fuppofc on the contrary,
nat he confounds general and fpecisl illues
together, and applies promifcuouay to both,
the learning tina. holds good only as they
are fepArated, would be derogatory to the
author OF one of the beft Treaties on COM
mon law.
This is ex4aly the cafe with Lord Ray
mond, VINO lcems rather more explicit.
In the psnage niiacd on, this thought IS
evident, " the eolrt are judges of the ma
lice and not the jury. The court are
judges upos the f6d, f5Undby fbs jury, whc-
Their the quarrel, &c His reaionne is
founded on CAFES where the jury eboSjs TO
find the facts and leave them 10 the court.
Ii is clear he confines himic { to this point,
for when he comes to general verdlets, ne
fays, directly after, the jury may If thy
think proper, give . general Vrrdi5, either
that the prifoncr is guilty of murder or OF
man1aughter : that is, they may if they
choofe, take on them the knowledge of the
law and determine the quality of the crime
Is not the opinion of his Lordfhip in tbts
point directly couater to what is effabbfhed
in the cafe of Richardfon ! The uFush
here did nothing more than declare the HJf4.
nsr gully Of murder, which Lord Raymond
Jays they may DO IF tbv think trspsr. How
70, if their thus doing vitiatcs the verdict
There is no need of much learning to de-
termine this point. / appeal to the COM
mon fenle of the reader, whether this au-
thority 70 relied on can warrant the conftruc-
ton put on it, or rather, whether it Is not
directly counter to luch contribution.
They feem to have jumbled together, what
is clear snd apparent, and ranked under
the head Of general i0ues what is evidently
confined to ipecial. His Lordfhip Teens
to have much lighter opinion of lpecia
verdies than what is now faybionabt learn
ing. He fays, " if the jury decline giving
general verdict, and wiH find fpecially, the
court muf form their judgms MT on the facts
fund" We may now perceive what nc
as well as judge Fofer means by the words
fae7s found, and confirms my (uppoftlon,
that the reafoning of both the(e gentlemen
in thele cafes mutt be referred UbSlfy &c
lpecial verdiets.
| cannot conclude with this gentleman.
without tranfcribing paflage which fets
the matter in clear light, and which ap-
pears to me to be true and legal. On
trial of the Indictment the judge dirfat ths
jury thus If you bslisvs fuch and fuch
witneh:s, who have fworn fuch and luch
facts. the killing the deceafed was with
malice there you ought to find the priionf'
gully af murder; if you do not be ieve the
witnenes you ought to find him guilty oil
mAnlaughter only" This is the contant
nvariable courfe of practice. 1t gives the
jury all that power contended for, and ne
YER can be wrefted to contrary opinion,
ihould the plan be executed with art equal
to the Jewilh Doctors in Perverting (crip-
ture.
| (hall conclude this point with tranf-
cribing and iniiiting on fome paHages' from
gentleman, who has opened new world
to the lcieEce, and rendered it equally i'm
proving and entertaining mean judge
Backbone. Vol. 4. p. 333. |" the charges
Of a felonious intent are the gif of an in-
diStment, and mutt be anlwered directly
BY the general negative, MT guilty. And
The jury on evidence will take nstics of an,
dsffnyfJs matter and give their verdict &C
lcOrdlngly, G.gf 1t ~srs yP'eiai5 pifsSsa.'