The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-21

| Amelia Norman who was indicted in the Court
of Sessions. for an attempted murder, has been pro-
nounced by the Jury, which tried her, Not Guilty.
| This verdict, we are persuaded, is very generally
concurred in by the people, whose feelings, in
most cases induce conclusion but it is altogeth-
| err different question whether the law has been
| perfectly satisfied.
| We do not mean to charge the jury with having
knowingly committed deliberate error in their
decision, nor do we mean to say that they have
not decided according to their views of the evil
dence but we really do say that it is an evil day
for the claims of justice, if solemn welghty charges
are to be decided, they are too often discussed
by paid advocates, upon grounds of feeling. The
province OF the jury is to Judge both of the law
and the fact, and to render verdict according TO
the evidence. In reality their duty, though inn
mensey important, Is very brief for, practically
speaking, they take their views of the law from the
dlcta of the Judge, and by consequence their office
simply is to ascertain, from the sworn testimony,
whether the offence alleged has been, in point Of
fact, committed. From facts, too they have fire.
quenily 10 infer motives in the case before US,
but his, in most instances, Is simple operation,
If juries would but attend TO their own deductions,
rather than TO the dust which counsel invariably
aim at throwing into their eyes.
One very plausible argument which is often sue
cessfulIy urged by counsel, is the possibility that
the innocent may suffer; and great deal of elo-
quence is let off upon the inspiring theme that it is
better that hundred criminals should escape than
one individual should wrongfully suffer. Well, as
an artlhce of rhetoric, we admire the ingenuity OF
The alternative, and even IA doctrine in morals,
we perhaps might find something TO say in favor OF
il but the case is altogether different when direct
testimony is gyen-that the prisoner has commit
ted the wrons-whlch is charged. Then, the In
elligence of the jury has not to undergo any very
severe ordeal-ther duty is too obvious to need
pointing cut.
Another ingenious piece of sophistry with which
lawyers, by courtesy called learned, endeavor to
pose an honest jury, is the vast and overwhelming
Importance of individual. liberty. Well, we admire
and enjoy liberty AS much as any lawyerwe know,
and in our own way would defend it as zeal
ously any advocate, without our earnes.ness
being stimulated by the prospect Of gllttering fee;
but We humby conceive that mishtier principle is
involved in an honest verdict than even the sacrifice
Of individual liberty much pleased with
1t. Yes, ale bold enough the capital of this
universal nation, and in the very heart of republican
freedom, to declare that regard must be paid
to the existence of the law that the law must be
indicated even at the expense of personal liberty,
aud that the respectable class, who compelled
to sacrifice it for their country's good, have not
leg to stand upon in the way of controversy upon
this subject.
With reference to the of Amelia Norman,
which has suggested these observations, the jury
paid as Think too little regard to the terms of
the Indictment, and too much to the highly colored
appeals of the counsel for the accused. She was
charged with stabbng the man-it was proved that
hers was the hand which wounded him, and yet
she was pronounced not guilty! There are, of
course, many ways Of viewing the same thing, and
two men may differ as to the color of an APPLE but
here an unanimous lack Of vision The true
deiverance would have been one of guilt, with
recommendation 10 mercy, which, if properly iol-
lowed up might have induced the Executive TO
issue free pardon.
Let the law, then, in all its majesty, be righteous
y indicated against all offenders, for il the sense
OF its being faithfully administered that constitutes
the value of individual liberty, and if the circum-
stances of any justify such course, let "the
quality of mercy be exercised by the Executive.
And, for the future as it seems that juries have
marked indlspositon to convict in cases such as
Amelia Norman's let us protect the weaker sex, as
TAR law canby making the irightful crime of Sc
duction PENAL. Fathers and brothers and good
citizens see we to this