The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-04-04

United States District Court.
Before Hon Judge Judsca
ArAn sapsoaisn for aes. ceyss :. A. @c c;vsy
Iorocs Preston the sitting Of the Court mr Oulv0
applied the Judge for hsas ccvyns for
who had been TO slavery by MT COMMISSIONER
Morton: n. .nn,,,.,,o, .na
rcTred the counsel Judge Nelson, the Circuit Judge
TIN UNITED STATES, vs.. j. L. O'sULLIvAN AND
OTHERS -NoS-AGKEEMENT AND DISCHARGE OF
THE jury.
the JupoI's CHANGE
Judge Judson then proceeded deliver his charge to
the jury in the Of the United States against Mr.
0'Suiiyan and others lie commenced by imprcssing
upon them the deep responsibility which fell to their
LOT and TO his. am not unwilling, said the Judge, to
meet my full portion Of that responsibility while shall
leave that which belongs to the jury entirely with them
without any attempt my part to cntrench upon their
duties or their rights These and these duties
fined to the law and to the facts Here is the
lemn cath we have taaenhere il the law OF the land
binding US close TO our dutyherc is consciences
not unenliehencd and over and above us is thAt all
seeing eye pc,adng both motive and action peculiarly
so when in the administration of justice In the
progress Of this trial there have been submitted 10 the
Court numerous questions to the admisbly oftesti
moDy offered both sides. In several instances the
testimony has been heard with an that
disposition should be made of in the charge have
carefully reviewed ali thee rulings, and find occasion
to change the opinions then expressed and conse-
quently, leave With the jury all the testimony which
they may have heard under such special rulings Next
the testimony OF BURNETT OF whom have heard
much and 10 prevent all mistakes repeat what has
been said before that testimony must be shut the
cascit must be otlt,rated from your minds Can you
ii can be donc-bc honest with yourselves. treat it
precisely you would SANDER falhehood when
you know them to be such This is simple process Of
the mind. Dhbeleye IL. Every can, if he will, do
this.
The learned Judge then entered into an elaborate
legal and Logical exposition # the whole "a full
port Of which shall appear in morrows HERALp) and
concluded by saying
The testimony il before you, and that portion Of
IL ctp ed In Inc
interpreter, aeccptab bic to both parties, requires
careful attention 10 how YOU the important principle
involved in the invaluable right Of jury tral and that
That right is to he preserved inyiate shall leave the
evidence in your hands, without naming witness,
commenting upon any of the testimony either written
parol Iii province TO weigh that evidence and
apply the law nov construed to that testimony and
return your verdict accordingly Preudices you have
none; they unworthy OF such and such cause
Partiaes you cannot entertain because your oath for
bids their indulgence You not to convict acqut
because those accused are great men or small men, but
only because the evidence OF the makes your duty
plain The repeater of persons. and the glory
OF our land is that in the hands Of upright jury the
administration OF justice reaches the high and the low
the rich and the poor with unerrng equality The law
never punis hes to inct wound The rcal objects
to reform the individual and to prevent others from like
offences, no that life property and character may be
the governmen-do your duty to the accused without
fear or favor of any mansustan the lawsprotect the
innocent, and punish only thoe who may have violated
your laws. Let the evidence in court and your
science be your guide This will give you rest and peace
The jury refined about half past twelve o'clock and,
stood that they stood half and half the Judge
mined not to release them until Monday gave directions
that he should be called any hour they required him
At quarter to O'Clock the Judge into court,
and the Clerk having asked the jury they had agreed
The Foreman replied that they had not.
The Judge inquired there any probability of their
agreeing.
The forsman.--Ko probability whatever. Some gen.
tieman the jury say they would agree, mat
ter how long they kept out There Is human pro-
liability Of an agreement
The Judge said he knew the great hardship Of compell
ing them to remain in confinement. II however an
important and il desirable that 1t should be
settled
The Fore nan-Wc stand precisely now as we did when
We brst retired and there il human probability Of On
agreement, If We were together for a month
The Judge said he always thought il better have
free verdict than coerccd lie should BIO very 10th
ola verdict he would be DESTROYS Of their remaining
some time longer together But be had got decide
tween two things wh ther he should compel the Jury to
remain together till Monday morning discharge them
The Forman-Woud your Honor wish TO know how
the jury stand!
The Judge said he wished to inuuire he took
the word Of the foreman lie chen asked the jury if they
would wish TO return and discuss the matter further
Foreman.-No the Jury feel perfectly satisfied with
your honor charge and feel that they could more
enlightened than they have been by your honor
The Jadge then charged the jury and thanked them
for their prompt and patient attention 10 the and
he wished iii, m all happiness.
The jurors ,rward TO the bench and took their
leave Of the Judge for whom each gentleman expressed
the highest feelings of gard and admiration.
We understood that the for the
eight for the acqutal Of Captain Lewis and four for his
conviction