The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1850-05-24

The .MercUfR Judge Gad ne Distressed JarVman.
II the case Of he State u.s. Capt Mcconnell and other
for the aedeed abduction Of Juan Garcia alias Francisco
Rey rich and perfectly characteristic place be
tween the Judge and the Jury the memory Of which, W,
think, should be lost As faithful journalists we hav,
frequently lnade duty to collect valuable precedents
law and for the benefit of tho present and fntun
generations Of Judges lawyers etc. and the law In rea
ton the treatment of Iures in charge of cr nal case
not perfectly settled, record the following incident a
worthy of note
Sheriff May please your Honor i have esrred from
OF limited means and that the money they had when they
Judge, So far be Of the members of hejury to
Cont has nothing to do with ha but what the matter
Sheriff do not know except that he has been confined
In bed since yesterday morning and appears to be quite ill.,
Mr. M shs vail Sa IN d aSs jury '' OF the jury
few minutes afterwards the jury brought in They
looked worn, and little the for evident
that they had not been visited by barber hair dresser
for the last twenty hours One Of them, Mr. Flotte
took behind his associates who stood in circle at the
bar.
Judge. Gentlemen, have been informed that some of
od the G u Se s e has % HObDS
90 The STATE has made no provision to supply eres with
provide for yourself while held together charge Of case
take its without reference to such circumstance The
Of case cannot be made 70 depend be
men. fexpect the jury will not starve.
have been out two nights and are Equally divided
J%dgs DO not wish u to know nov nov y99 stand am in
W. f Rs o"t (standng up5 am the person..
Iadgs; (Smihns) are you sick sir :!
Judge What is the matter? You do not seem to be
M T. bad the fever all day yesterday-the chill, this
morning hsye not eat . %CuhfS since yesterday morning
& s. nE he s gya Danger seem to be seriously
Mr. cannot to that, have felt very i'll since
Judge; Indeed! but not getting better You
have fine penpraton on your forehead now. You will
Mr.; +. I6aye bad headache, sir and
Judge Shall consider what you have said to be stated
M. +. Certainly, sir.
Judge Mr. Foreman have you noticed that the juryman
Foremaa cannot speak to that particular but sir
has been unwe since he has eat nothing we
Judge (to Mr.. F.) So you have nothing have you
Mr. F. have nothing, sir, because felt too ill.,
persons (Sming) have known it to be prescribed by
physicians In this season people are bilious, and conse
Quenty feel weakness and lassude. Diet might of itself
prove cure for the ease! 0''
AT this STAGE both the District Attorney and the for
the defence remarked that they would consent to the dis
charge of the jury.
Mr. Colens said the Jury had been ont two nights had
declared after consultations they could agree they
were anxious for VERDICT they would not be the massive
Gause Of misfortune There could be no doubt Of the
cQn1rmed
Foreman and the Sheriff; and although diet mi h be good
ihng or sick person. such required also the com
tort and of home the attention of relatives or friends
and perhaps the attendance of physician AT any rate the
Juror was evidently in unfit condition discharge the du
ties required of him. ~ w.
The Judge decided otherwise This case must be decided
he did not feel disposed go again his successor
could not sit in the case the other District Judges woud
hardly consent try it. Judge Kennedy SICK and Judges
Srawbndge, Buchanan and Lea too busy Here was n nrv
OF twelve good men, in the case and if they could not
decide the he did how any other twelve men
could do better He have verdict There was in his
opinion, no difficulty in the case.
The Sheriff ordered to Withdraw with the iury and
they accordingly locked up again for hours
and yesterday after confinement of three nights they were
again brought out and they insisted that there was no
prospect of verdict, they were discharged