Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1844-02-09
From the Skowegan (Me.) Clarion.
THE UNYIELDING JUROR.

THE UNYIELDING JUROR.
The story which I am about to relate, trans.
| pred about quarter of century ago, in the
vicinity where then resided, and shall give
1t to the reader exactly as it occurred, without
attempting to embesh it to suit the fancy OF
novel readers.
, The subject of the story was one of twelve
jurors, who were called upon to decide an i'm
portaut case, upon which the feelings of the
; community were unusually excited, and almost
every one had their mind previously made up
as to how it ought to be decided. In the month
OF July, alitte girl in the town of s., in this
State, was sent by her mother to carry her
fathers dinner, who was falling trees about a
half a mile distant; and was never seen after
wards. Or course the news spread quickly far
and wide, and almost every person for many
miles round went to search for the lost child
And though dlligent search was make far and
near, IN the woods and in the rivers, no trace OF
the child or any Of her clothes could be found.
This led to different conjectures in regard to
what could have become of her, and some thought
she must have been stolen and carried off, 1t
was soon reported, that about the time this child
: was missing, or soon after, man was travelling
with little girl of about the age in another part
OF the State. 1t was decided by the neighbors
that the father of the lost child must 90 to the
'o"h VI "HeTe the GNU was lclL IOi a
short time, and see if it was his. After travel
ling some 20 or so miles, he arrived at the house
where the child was left, stopped few minutes
was satisfied the child was not his, and return.
ed home. But the neighbors were not to be
convinced so easily. They sent and had the
child brought to the town of s., in order to
be satisfied, for it might be that the father would
not know his own child, after space OF two or
three months.
The father Of the child followed weeping
like Phaiel after his wife, when King David
sent and took her from him, but this was no
proof, that the child was really his own. On
the arrival of the child there was a general
rush to see 1t, and the excitement was tremen-
dous. The question now was whether it was,
or was not the lost child. | was told at the
time' by credible people who were present, that
tne child appeared to be perfectly at home, that
sne toid what play things belonged 10 her, and
what belonged to her brother that she went
up chamder to box, and among other things
that belonged to her, took out doll and told
VINO gave it to her that she went into the
garden and picked out such flowers as had been
called hers before she was carried off and also
such as had belonged to her brother, and many
other things without making single mistake,
although not prompted in the least. All this
made 1t appear so conclusive to the minds of the
! pcoPic tHat IL COulu Uc no OIfcT IMAM tilc lost
child, that among hundreds who hocked to see
ler there was but one or two who doubted it.
There was session of the Supreme Court
IN the County at the time or immediately after,
and the father OF the child was arrested upon
the charge of man. stealing, and brought to tra.
The excitement all over the Country was
equal to the Mile. excitement The trial OF
| the man-stealer was the topic of conversation
with every one. The trial lasted several days,
and every one returning from Court had some
question TO answer every moment about the
trial-Every one was satisfied that the prisoner
was guilty, but the fear was that by some crook
of the law he might get clear And if he should
not be convicted would the child be torn from
It's dear mother and given to the prisoner!
| All the circumstances related above were
| sworn to in court.
| The mother of the lost child testified that she
had the same affection for that one she had for
the rest of her children. 1t was proved also
that the prs ,ner had been in that vicinity the
day before the child was missing, and that he
then had no child with him.
On the other hand It was proved that the
prisoner was in Waltham, Mass, at the time the
child was lost, that he had the child with him.
The witness was asked by the Judge how he
knew this to be the same child He replied that
the prisoner and the child then in court, stop.
ped at his house day or two, that he talked o
taking the child to live with him in his family,
and of course took particular notice of it. The
Judge evidently doubted the story, as it conflict.
ed with the other testimony, and he sternly re-
peated the question, 'how do you kn0r us to be
the same childr by the sense of seeing, your
honor was the prompt reply
When the jury retired they could not agree
upon verdict. Eleven were for convIcling the
prisoner, but one was so obstinate that he would
not be convinced, conclusive as the evidence
appeared to his fellows. This brought down
upon his head the censure OF all concerned, eX.
cept the poor prisoner and one or two officers OF
the court. 'The man. stealer must be kept al
the expence of the State until twelve honest
men can be found to decide impartially,' was
every where the cry. However, the unyielling
juror was suffered to return peaceably to his
home without being molested much as the
feelings OF the community were excited against
him. 1t was not long before a re -acti IN began
10 be felt. The unyeding juror was more for.
tuna,e than most men who have the honesty and
independence to dissent from the opinions Of the
multitude. The oboquy and odium which he
had called down upon his head by dong what
he believed TO be his duty, soon began to sub
side, and the sober second thoughts of the PEG.
pie, began TO place things in different light.
1t began to be whispered round that il was no,
SO certain that this was the same child after all.
1t was said that this child was very active,
intelligent child, viii the lost one was quite
the reverse, as was also the other children Of
the family.
1t was limited also that instead of being so well
acquainted with the affairs of the house when
brought TO $, there was some pains taken
to prompt her. The gaoler ventured to let the
prisoner out of gao to do chores about the house,
and when asked n lp "a * MT afraid ha lpnnli
give him the slip replied, you connot drive him
away without his child Finally the suit was
dropped the court became satisfied that the
child belonged to the prisoner, and ordered the
, galor to discharge him. So the unyedng ju-
ror had the satisfaction Of having, by faithful
discharge OF duty, saved an innocent man from
+, being convicted of a crime which must have
been followed with very severe punishment.