The Middlebury galaxy. [volume] (Middlebury, Vt.) 1848-1850, 1848-12-05
MISCELLANY.
A HUNGRY JURY;


"Rogues must hang: that jurymen may dine"
The public have doubtless heard OF the
fate of poor David Dubois, whose case was
decided by hungry jury. But it may not
be embarrassing TO stale IL few of the partic.
ular circumstances attending that decision.
Ii was a case of life and death-but one
doubtful and difficult TO decide. The evil
dence was entirely circumstantial, and in ma
ny respects contradictory. The prisoner un-
fortunately bore very bad character, and
many people did not hesitate 10 say, that, if
he did not commit the murder, he was none
loo good 10 do il. But what made his con-
duct still more unfortunate, was the condi.
ton of the slomachs of The jury. They had
been kept out all night and il was near the
hour Of dining!
Consider, then, the perilous condition OF
the p;isoner, his life depending on such unto
ward ACKNOWLEDGEMENTS evidence,
doubtful character, hungry jury. He
might have got over the two first, but woe 10
him whose life depended on The TWO last. A
comfortably filed stomach is enc of the best
guarantees for acts OF justice, kindness and
charity. Trust hungry jury with ones
life Never! Hunger renders man saws
age, and he who has a stomach TO let, sell
dom has any bowels of compassion.
In the case OF David Dubois, seven OF the
jury were for hanging, and FIVE for acquit-
tai. Thus they had been some time, with
out any prospect of ever thinking alike
Both sides were conscientious, both felt bound
in honesty by their oath to adhere 10 what
they conceived 10 be the true state OF the
case. Said those IN favor Of hanging:
The man is very evidently guilty, and we
could neither answer TO God nor our country,
should we consent 10 his acquillal.'
While those on the other side said-'We
have serious doubts of bis gnilt the evil
deuce is circumstantal, and exceedingly con-
Trajectory, and we could moi answer it Ell
Their TO God or our consciences 10 take the
poor fellows life.'
Gentlemen said the constable for the fl
tcenih time, have you agreed upon your
verdct?'
No. said The foreman, 'and what is worse
we are not likely to agree; wherefore we
beg you once more to conduct US into court
There is no use of it, said the tall staff
The Judge will send you back
al all evenis,' said one of The jury, let us
have something 10 eat, and not keep US shut
up here starving
iiC iuOIC lOu StuEtC lut- sO0ItT YOU VIII
be likely 10 agree returned the constable.-
Besides, you know it is strictly against the
law 10 allow you anything 10 eat until your
verdict is made up
The jury again took up The subject and en-
deavored with all their might 10 agree but
with no better result than before. The case
was stubborn one, and would not yield 10
the unanimous desire for agreement.
TIE jury was at length permitted to re-
| turn into ourt,where on stating 10 The Judge
thalit was utterly impossible for them TO make
uP verdict, his honor gave Them severe
repiinand for the inability to think alike, land
peremptorily sent them out again. declaring,
with an awful shake of his wig, that they
should neither eat nor drink. until the case Of
the prisoner was decided
'Alasp said one, I'VE must agree upon
verdict or agree to starve.'
The latter we can never agree to- said
another, 'selfpreservation is the first law
of nature. What time of day is it, neigh
Dor 2
1T wants half an hour of dinner time.
Only half an hourI We have but lii
tie time to spare. We must agree before
dinner time by some means or other. It's
most twenty-four hours since we have eat
en- morsel, and to miss another meal
would be absolute suicide
'Heigho! that's fact said another,
and suicide is an objectionable sin. Ifa
man commits murder he may have time
to repent, but to commit suicide, he must
go to purgatory at once, without the ben
eft of clergy
Those who are in favor of hanging are
usually more fixed in their opinions than
those on the other side-thus exactly re-
versing the only charitable maxim of GRIM
inal jurisprudence, viz that it is better
twenty guilty persons should escape than
one innocent one should suffer. This was
most unfortunately true in the case ofpoor
David Dubois.