The republic., 1851-09-09

bound 10 supposc that the court would have deci-
ded differently in conformity with the unbroken
current of decisions. The msbehavOr referred
TO in Henry v. Piehett was l presume sone ir-
regularity such as Mere separation OF the iury,
I wIn,;,s have already decided would not vitiate
verdict. In Whitney Y. Whitman, Mass. H.
4O5, where a material paper not read in evidence
had been given TO the jury by mistake new trial
was granted, the court saying: 4" That il was not
pretended the jury had not readit, and 1t would be
difficult for jurors when as In this case there was
much evidence Of different kinds clearly to decide
in what manner their minds were influenced in
forming their verdict" In Coster " Merest, al
ready cited, handbills rejecting plaintiffs
character, not conveyed TO the jury after they
RETIRED and probably not after they were sworn
even, but distributed In court and shown 10 the jury
on the day of the trial, were the cause Of new
trial, although the defendant denied all knowledge
of the handbils. So I'M the State W Hasca, before
cited, where papers having tendency 10 produce
an impression unfayorabe to the prisoner were eX-
hibited in public places named during the term and
before the trial. and some Of the jurors boarded at
the places designated, the court granted new
trial. the ground that f" the exhibition Of those
papers highly improper, and that there Is
possibility that some OF the jury may have heard
something of the statements contained in them, in
consequence of such exhibition before the trial was
had" The case of the People " Douglass
Governs r., 26, was one where the drinking
of spirituous liquor, but not 30 as to be in the
least affected by it, and converting with others,
by Jurors after they had retired to make up
their verdict, were regarded az requiring a new
trial The King v. Fowler and Sexton. 4 Barn.
and Aid. R., 272, c.; Eng. Com. L. X.
423, 10 directly TO this point. After the jury
had retired, and before verdict, Of the jurors
without permission withdrew and separated him
self from the rest, and being 80 separated did
hold a conversation with one J. c., who was not
one of said jurors, ''of and concerning the said
trial aid concerning the verdict then about to be
given;" therefore it s considered the verdict was
bad and erroneous. My predecessor, at Decembet
term, 1874, granted a new trial to Charles Will
uhn had cd IF ha M al
| wife, because, Hwhile the Jury taking some
refreshment in the vestbue of the court room
casual conversation was held between of the
jurors who tried the cause apart from the other
Jurors, and one of the witnesses who had been ex
amined In the causej which conversation had, III
the opinion of the Court such bearing on the case,
and such irregularity, as to vitiate the YER
dict."-Exracted from Judge Cranch's opinion In
U. S. V. Williams, 10th July, l845.
IL may be said that the papers and conversations
referred to in the cited concerned the trial IT.
self or the parties to 1t, whereas the newspapers
and conversations in this case refer to juror, and
not to the do not know what can be said to
be connected with cause and the deliberations OF
Jury, If their verdict is not. III II be admitted,
however, that there is difference between papers
and conversations attacking party, and papers
and conversations that assail juror, who 1t may
be thought ID not disposed to find as the newspaper
writer the talker thinks would be right, can
that vary the principle? If there be any distinG
ton, in legal effect not the assault upon the juror
the most exceponable? The effect OF commu-
nication of fact connected with the merits OF
cause, OF reflections on party, may be met and
prevented by reason and argument among the Ju-
rors; they will probably recoect that they are to
be influenced only by the evidence and the law.
1t, however the jurors are upbraided by newspa-
pers put into their hands, or in illicit verbal COM
munications made TO them the feelings will, to a
moral certainty, become excited, indignation Will
be produced, the mind become disqualified for the
important duty which II is engaged, and ii may
yield to this outside pressure what II refused TO
| ppD In "a p Ia
that the efforts to control the finding OF at least one
juror not confined to external influences, but
were admitted into the jury itself, by the ex-
hibtion OF papers containing structures on his
course as juror; by telling him he charged
with perjury, and by threats of exposure for his
conduct juror, which, SO far as the Court Is in
formed, was regarded objectionable only because
he differed in opinion from his brethren 10 sane
| ton such invasion OF great constitutional
| right-a right equally of the most degraded and
| depraved and of the most virtuous and exalted
by the judgment of this court, would be unworthy
weakness; dereliction OF official duty destructive
of public confidence in the trial by jury. We justly
prize this insliution il is by no means free from
mperfection, for its origin Is human, but the WIS
| dom of ages has not been able TO discover any
mode Of deciding on guilt or innocence or contro
| versies between men, that has such high recon-
mendatiops. We all weak, mortal men, and
subject to improper influences, among which our
own feelings and passions the most dangerous.
1t is not to be expected thai jurors shall be more
! perfect than those around them. The excitement
i of public feeling occasioned by the alleged com.
| mission of great crime cannot be avoided. News
! papers will give publicity to whatever is calculated
intereat their readers and this is as it should be;
but it is not right that these papers if they arc cal
cuated to affect verdict, should ind their way To
Jury room, that the excitement OF an irrcspon-
sibie outside citizen should be brought to bear
| juror sitting under oath. The jury consists OF
/ twelve men, and the law requires the unbiased,
unnfluenced concurrence of their several minds to
make verdict. Each one of the twelve has the
same right of opinion and judgment as either of
the other eleven, and independent OF them beyond
the fair exercise of reason and argument. Dis
cussion and examination are necessary TO the de-
velopment of TRUTH and essential to justice IL one
OF the jurors shall be ntimidated and virtually
coerced into verdict, he gives to expedience what
should be surrendered only to the conviction OF his
Judgment. In such might not a prisoner
say as MIR. Lewis, of Philadelphia, of the most
eminent lawyers ofhis day, exclaimed in arguing
the motion for new trial because one OF the Ju-
had prejudged Fries's case: "The prisoner does
not come forward to prove that the verdict was
given against evidence, but to insist that he was
tried by eleven jurors only"
do not say the Juror intimidated in this
case but that endcavors to affect his finding through
improper influences we're made and no human be-
ing can toll how far he acted on by them-not
he himself But, independent of any result OF these
efforts, which cannot be reached, the fact that they
were cxerted with all the circumstances detailed
in evidence in this case vitiates the verdict and
compes the Court to say that there has been mis-
trial.
New trial awarded.
The prisoner, who in the courtroom during
the above proceedings, remanded.
And the court adjourned until the next term,
commencing on the fret Monday of next Decem-
ber when the trial of John Day is expected to
take place.
CRY CoUNcILs.-The Board of Aldermen, last
evening" passed bill authorizing the Mayor to ac-
eept the proposition of q. f Ryder and Company, :,
to build iron bridge for foot passengers over the
Washington city canal at Tenth street west, agree
ably to the plan and specifications submitted by
them, and TO enter into contract with them for
the building of the bridge, if on examination, the
Mayor shall be satisfied that the same will answer
the purpose intended, and the sum Of two thousand
dollars is appropriated to carry the law into effect
The bill passed by vote of ten against three,
(N1cssrs Dove, Magruder, and Wirt)
In the Board of Common Council, bill for tie
extension of the Northern Liberties markethouse to
Eighth street was passed--yeas sixteen, nays two,
(Messrs. Mulloy and Van Reswick.)