Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1845-08-28
The Intrepid iuryman.

Extracted from late pub Vocation, entitled An En-
cursion from Sydmouth (in Deropslre) TO Chester -
by the Rec. Edmund Butcher
| cannot help congratulating our country upon the
inestimable value of trial by jury have lately met
with 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
q gentleman in the neighborhood was implicated. Ii
was landlords prosecution against of his ten
ants, for assault and battery, committed the person
of the prosecutor by the defendant in rescuring his
only child, innocent and beautiful girl, from per-
sonal violation When the defendant was brought
into court, the prosecutor also appeared, and swore
to-every fact laid down in the Indictment The poor
defendant bad no lawyer to tell his story he howev-
er, pleaded his own cause efectually, 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 consider the matter; adding that lac
astonished at their giving such infamous verdict,
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
there found reason to alter our opinions
verdict we return It to you in the same words be-
fore-rlOt guilty. We heard your ordshp's reproof
but do not accept it properly applying to In
dividualy, and in private capacities, 1t is true,
box, above the regard due to humble, yet
honest stations; but, my lord assembled here ju-
ry we cannot be insensibe of the great importance of
the office now sustain.
IS We feel glad that We were appointed, as you are,
by the law and the constitutions not only to act i'm
partially between the king and his Subjects the Offend
ded and the offender but to form the barrier of the
people, against the possible influence, prejudice, or
corruption of the bench to which do not offer the
smallest degree of dsrespect much less of insult
pay it the respect which tribunal should pay to ano
Their for the common honor OF both This Jury did
not accuse the bench of Partially oppression-no,
we looked upon il the sanctuary of truth and JUS
tce still, my lord, we cannot erase from minds
the records of our school books. BY them we
are taught that kings and judges are but falible
mortals and that the seat of justice has been polu
ed by a Tressillian, Scroggs and Jeffreys." The
Judge frowned at these words but the intrepid Juror
thus proceeded ' My lord, am but poor man, vet
am freeborn subject and member of the constitu-
tion-nay, am now higher, for | am one of its rep
resentatises therefore claim for myself and fellow
jurors, liberty of speech"
The Judge here resumed his complacency and the
orator continued his address We have nothing to
do my lord, with your private character in this place.
it is yelled by your official one we know you here
only that of judge, and such, we would
pect you-you nothing of us but as jury and in
that situation look to you for reciprocal respect
because we know of no man, whatever his titles or
his nix, in whom the law or the constitution would
warranhn unprovoked insult towards that tribunal in
which they have vested the dearest privileges they
possess We sit here, my lord, sworn to give aver
dict according to conscences, and the best Of
judgments, on the evidence before U.S. We have, in
our minds discharged our duty as honest men. If we
have erred we accountable, not to your lordshp
nor to the king who appointed you but to higher
power, the KING of kiDgs"
The bench dumb, the bar silent; establishment
and applause murmured through the crowd, and the
poor man was discharged.