Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-01-13
NO. 90
From an Aaeassp
THE INTREPID JURYNAN.

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| THE INTREPID JURYNAN.
Extracted from a late publication, entitled, An
Excursion from Sidmouth Gin Deyonshire)
rochester. BY The Rec. Edassnd Buteke1.
I cannot help congratulating our
country upon the inestimable value Of
trial by jury. Ihave lately met with a
proof of its excellence, which ought
not to be forgotten:
A Judge, on the northwest circuit in
Ireland, tried cause, in which much
of the local consequence of a gentle
man in the neighborhood was implica-
ted. 1t was landlords prosecution
| against one of his tenants, for assault
and battery, committed on the person
of the proprietor by the defendant,
in rescuing his only child, an innocent
and beautiful girl, from personal viola
ton. When the defendant was brought
into court, the prosecutor also appear
ed, and swore to every fact laid down in
the Indictment. The poor defendant
had no lawyer to tell his story; he,
however, pleaded his own cause eHec-
tually, by appealing to the Judgment
and the heart. The jury found him not
guilty.
The Judge was enraged, and told the
jury they must go back, and reconsider
the matter; adding, he was astonished
at their giving such an infamous YER
dict. The jury bowed, went back, and
in quarter Of an hour returned, when
the foreman, venerable old man, thus
addressed the bench; "My lord, in
compliance with your desire, we went
back to our room; but, as we there
found no reason to alter our opinion or
our verdict, we now return to you, in
the same words as before-not gully.
We heard your lordship's reproof; but
we do not accept it as properly apply
ing to us. Individually, and in our pri-
yate capacities, it is true, we are insig-
niGcant men; we claim nothing out OF
this box, above the common regard
due to humble, yet honest stations; but,
my lord, assembled here, as a jury, WE
cannot be insensible Of the great impor-
lance of the Office we now sustain. We
feel glad that we are appointed, as you
are, by the law and the constitution;
not only to act impartially between the
king and his subjects, the offended and
the offender, but to form the barrier Of
the people, against the possible inAu.
ence, prejudice, or corruption Of the
bench; to which we do not wish to of.
fer the smallest degree of disrespect,
much less of insult: We pay it the re-
spect which one tribunal should pay to
another, for the common honor Of both.
This jury did not accuse the bench Of
Partially or oppression-no we looked
upon it as the sanctuary Of truth and
justice; still my lord, we cannot erase
from our minds the records of our
school books. BY them we are taught
that kings and judges are but fallible
mortals and that the seat Of justice
has been polluted by a Tressillan, .
Scroggs, and a Jeffrey,,s." The judge
frowned at these words, but the intrep-
id juror thus proceeded: "My lord, ]
am but poor man; yet ] am free
born subject, and member Of the con.
stitution--nay / am now higher, for l
am one of its representatives; i there
fore claim, for myself and fellow jurors,
liberty of speech" A n
| The Judge here resumed his COM
placency, and the orator continued his
address. owe have nothing to do
my lord, with your private character :
in this place it is yelled by your Off
cial one: we know you here only in
that Of judge; and, as such we would
respect you; you know nothing Of US,
but as jury; and in that situation, we
look to you for reciprocal respect be-
cause we know of no mar, however high
his titles or his rank, in whom the law
or the, constitution would warrant an
i unprovoked insult towards that ,tribu-
nal, in which they have vested the dear
est and most valuable privileges they
| possess. We sit here, my lord, sworn
to give verdict according to our con.
sciences, and the best Of our judgments,
on the evidence before US. We have
in our minds, discharged our duty Al
honest men. If we, have erred, we arr
accountable, not to your iordship, MOI
to the king who appointed you; butte
higherpower, the King Of kings.
4 "The benchwas dumb, tie bar silent
establishment and applause mnrfnured
through the crowd-and the poor man
was discharged d
i FORTITUDE.
General Green stated that 9at the Bat
sitie Of Eutaw Springs hundreds Of my
| men were as naked as they were born
1. Postefity win scarcely believe, that ths
Il a-rt...sts r. y,,,,,xs, h,sve mas, vxyl,n 10Y