Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1854-07-06

with what they said, and the instructions
of the court, l would certainly hold out
no longer.
McIntire then drew from his pocket a
paper containing notes of the evidence
he had taken. He said he would go be-
fore magistrate and swear they were
correct, and that Quigley had stated
that Butler had pressed Ward back to
the wall, and proffered to give me his
certificate to that effect, if l required
l told him he was sworn juror, and 1
was bound to take his word, for the
other jurymen concurred with him in
saying he had the evidence Of Quigley
verbatim, and that his evidence sustained
some of the evidence for the defense;
and that we would be bound to acquit
the prisoner according to the instructions
of the court; that. if the jury believed
from the evidence that Ward was
pressed back to the wall, and was in
danger of his life or great bodily harm,
it would be their duty to acquit. The
instructions of the court, as well as |
could recollect them, were about these,
in meaning at least: If the jury be-
lieved, from the evidence, that Butler
was killed through malice, they would
return a verdict of guilty; if they be-
lieved it was done in the sudden heat of
passion, and not through malice, it
would be manslaughter; and, if they
believed it was done in self-defense, that
Ward was in danger of his life or great
bodily harm, il would be their duty TO
return verdict of acquittal.
1 could not believe it was done
through malice; could not believe that
Ward went to the school-room with the
intention of killing Butler; but was of
opinion that the fatal deed was done at
the moment in the sudden heat of pas
sion. The other jurymen believed, or
so expressed themselves, that Ward
acted only in defense of his own person.
And thus we differed till within three
minutes of our leaving the jury-room
TO return the verdict. 1t is not true, as
has been stated, that the verdict was
made up the evening before. There is
not one word of truth in it. l did not
yield my position till a few moment be-
fore we returned the verdict to the court.
1 had told the jury, from the poor,
weakly, and emaciated condition of the
prisoner, if 1 could believe he was
pressed back to the wall, and acted
only in defense of his person, that he
was in danger of great bodily injury, 1
would hold out no longer, but would be
bound to agree to his acquittal with the
rest of the jury. McIntire's notes of
the evidence, and the concurrence of
the other jurymen with him, did cause
me to give up. 1 believed them to be
honest in the opinions they expressed.
l did not suspect them of imposing on
my credulity, and can only say, if l
did wrong by agreeing to Wards ac-
quittal, l did it unintentionally, and /
did it through the best and purest of
motives. may have been influenced
by the pitiable condition of the prisoner
at the bar; l may have been influenced
by the eloquent appeals of his lawyers
to the jury for sympathy; but | was
doubtless more Influenced by the other
jurymen than any thing else. Twas not,
however, aware of it at the time. L
was not aware of influence thrown
around me to decoy me from the posi-
ton l had taken. If 1 committed an
error, it was one of the head, and not
of the heart. Whatever may have
been the spring of action of the
other jurymen l do not know; if any of
them were bribed l had no knowledge
of it, and it is a matter with them and
their God.
1t has been widely circulated in some
of the public prints, that the case was
tried and the prisoner acquitted by a
bribed jury; and in Hardin county,
where the trial was held, it has been
told how much each of the jurymen
received. 1t has been told that l re-
ceived $3.50, $1,000, s1,7OO. Such
charges and such reports about me are
as low, mean, and despicable as the
author, who is as blackhearted'a demon
of hell as ever disgraced the name of
humanity. The internal charges are
false, malicious, and without the slight
est foundation. l think it is hard case
when man is acting in the discharge
of most solemn duty, as was on the
Ward trial, to be pursued with such
hellish charges and unmitigated false
hoods, by some, too, who are most des-
titute of honor and respectfully. But
it seems to be the peculiar pleasure and
delight of some low-minded, groveling
beings in human shape, with the form
and features of men, but actuated
only by false, envious, and malicious
feelings, to take great pleasure in de-
tanning others and spreading evil reports
to ruin their reputation, and to degrade
them to level with themselves. But
the generous hearted are always ready
to show mercy and forgive even the
most abject wretch, and nothing shows a
nobler mind than lenity and sympathy
for the unfortunate.
may have done wrong; l have faults
as other men; ] am not exempt from
wrong; it is human to err; other men
may err as well as l, and ! can do
wrong as well as they, and many may
accuse me of Just what they might have
been guilty Of themselves. have
through life endeayored to conduct my