Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1812-08-31

( distSTity I'D accept OF SuCilN OSndnCe, seeing
he had no personal quarrel to revenge.
The court t Id the juror of his mistake
and rcprovcd his ardor, saying at the sa me
| time, that if he bore either favor or aversion
| to the prisoner, it was not bcftting he
| should be juror to try him.
The juror bowed very respectfully to the
court, and then spoke after this manner Ii
| this honorable court think me capable of
taking away unfairly the life of an enemy, it
is mistaken, for that is not the way of the
O'Grady's. And it makes me quite uneasy
10 see twelve upon one in a strange country.
1t is for the very reason, and because have a
holy and religious hatred to the oppres-
sors of my country, that would not be on
the jury of this man Those who have dri-
ven my persecuted countrymen from the
home they priced SO dearly, and those who
follow them across the sea, and with law
less grippe snatch them from the asylum of
the prosecuted, and doom them again to
slavery, are, and shall be hateful to my sight
But even to avengc the wrongs OF my coun-
try, scorn to take an inglorious, and cow
| ardly advantage of degraded, ,.nd pros
trate foe.
Prisoner. Is this gentleman hero of vi
negar Hill, or Scullabogue massacre!
Jnr1f. know of but one massacre, and
that is yet uuatoned for. 1t was at Kildare,
where your countrymen and their traiterous
adhcrents, prevailed on my crcdulous coun-
trymen TO lay down their arms, promising
peace, and murdered them when defence
less, whom they dared not face with arms.
know where innocence has been defi9wer-
ed. and the ru!ian's hand has spared nei-
ther age nor sex. 1 know where the govern
ment has been carried on by the picket and
the pitch cap; the walking gallows and the
gibbet; the triangle and the knife. / know
the terrible account OF half hanging, dunge-
ons and prison ships, and horrors that hell
could not exceed. But till that blessed time
arrives that my arm can strike for noble
vengeance, | scorn to initiate the treasons |
abhor, and murder the defenceless can
! not try this gentleman, will not be his ex-
ecuuoner. The prisoners counsel with much
address, seeing the ronantick spirit of this
juror, and judging of his character by his
great animation, withdrew all objection, and
prayed he might he sworn, but the Attorney
General desired he might stand aside
To this he counsel objected, and they bro
duced the statute, by which the publick pro
Secut'r, it he has any ground of -halenge, is
bound to shew it presently. The Attorney
Genera, desired the juror might be examm-
! ed oil the Uoire dire: but il being Challenge
| for fav ur, it was necessary to appoin, triers
FIR the Court could not of itself decide upon
the Indifference of The juror. that being
| matter oft fact Coke, Lit. 159 ID J ch. 9.
Triers were sworn, and so was the Juror
on his Ooire dire, and he was examined whe-
ther he had made up his mind as to the
conviction or acqui;tal of the prisoner, in
case he should be one mI the jury.
The prisoners counsel objected to the
| question, as tending to dishonor the juror
himself, as he could not justly make up his
! mind, having heard no evidence. A witness
| VIII was bystauder, was then sworn as to
| the jurors words, that he had said, he
would not be the eXecutioner of the prison
| er," but whether the C Inclusion was that
| he would not in any case convict him, re-
| manned doubtful 1t was left to the triers,
and it was strange to hear the very counsel
Who had first challenged bin, afterwards
trusting to his romantiCk generosity, insist
that he should be sworn. 1t was agreed
| that he was not an Indifferent Juror; first,
| because ne hated the prisoner rs one of the
| supposed oppressors of his countrymen: and
secondly, because 0f ms excessive scruples of
! honor, tnat he would not take away his life
where lac could make no defence; and though
| there was bias against bias, yet that did not
am aut to such indifference as made him
! above all exception. And 1t beng so found
| by he triers he was set aside.
|