Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1855-01-31

CHARGE OF Jrros RosEersoS Is 1nE DrEtLISo
C.sr.--ln the case al New Orleans recently whete'
Z; in poor Spanish fisherman, named Juan Pages,
has been convicted fOrdoelling, having killed his
man, Judge Robertson delivered the following in.
sttlc,6ns 10 the jury when brought before hin IN
te morning, aflet beng ont all nigh, without be.
ing able 10 agree upon their verdict. These in
sltuctions were gwen. upon Tie jnty stating they
had no difficulty as 10 the law and facts Of the
case: --es'es 'f Haa" H0
Gentlemen Of tie Juty:-lt appears strange 10
mt that you cannot come 10 verdict IN this case.
You state tina, you have noditicuily as the fac
oi tue case, no. as to he law. Can il bc iIr,l
intols ate setting w then opinions upon questions
Of abstract principles against lh- PLAN dictates OF
the Law AMI al uhI1eslunrd state OF hctSl Are
individuals. when swOtn as jutolS, 10 be governed
by theit leas as 10 t!le ptopfieiy Of law, "tr n
those lucas ate directly upPnse,l 10 The cIrat anu
EXPRESSED viii Of he Whole community lhtUuslI
their legislative enaciInenlsl
Jutors who catt, such II, as iRio The Jury box
cannot have cUttect sense u their oaths and obl
cations.
win It lie conlenjed that 0 juror who has been
cducaed as mn rbo!irIonis and it'll the bsn that
the institution OF slavery Is morally wi0ns. could
'llschntse himself tom The performance Uf his
sworn duty in the tflAi Ut o case nn!ct orr low
loi The stealing VI u sl,ve by saying tbs! lheft
shDuI,l nc no such thing as slavery
II such juror was tying q case u selling Nu.
OF 10 slaves IN violation Of our law, could Le tx
cnsr himself from finding vellIcl Of quit when
the case was clear, because lie believed slavery TO
he wong that laws in relation 10 Il were wrong
and that man h, as much right 10 Sell liquor IL
slave as 10 q white min!
Should case VI hlsam. be at bat. would il.
ror, wLu was Mormon OF Socialist, be allowed
il tile facts "str clear, 10 dl.tegatd our law, un.
def which he had sworn TO ny the case, by aIles.
ing that he heltevei :he Law wionf, and tina, eve.
{, mn had n right 10 as many wives as lie could
sllppoii' Surely noi. Such inrots w",,ld be false
10 tEelr . IN AMI false 10 th,ir duty ms mul.
iiply illese examples, but the further We putsue
them, the m IL ctehr would appear the utter sub.
version Of all law, if iiOiS wtre allowed 10 inNu.
rnce ,heli "tcI h. ImiI l.ss. when those ideas
w.re opposed 10 the law aud the flcu Of The case
which Ihry wrr: tying.
The c,<c NJ uat such as | have cited. Sume
Vi you may ent-lt mop Ions that eins should
MT lie lHsiI"'; II 81, those opinions ATE III IT..
rect conflict hilh the laws OF The S ole. That law
my be wtJng--it may BE- country 10 public opn.
ion; IL so. TT II" people have il trpene'! BY the
Legislature; but yUu. rs Jurors, hive no power to
reIsal The law. You have, as Iaw.Gbiding ci'i.
zens, been sworn ~ W this case unsr the rApeSs
PROVISIONS VI Tic law; ami II The case be- clear as
- what is the lHw 81 lLe case. that juror who al.
lows his opinions. MS 10 the justice u the Law, 10
influence his yrrIct against The law ami the facts,
does nut discharge It's duty, amI c,nnGt have a
correct Hrpfrlat"n vi the fJcc Vi HE oath lie has
taken.
Had THREE bren any tOnhs on ,oni minds as 10
the law, w0ull have discharged you promptly,
hut hay" no sympathy with those who refuse ~
find yeIlIct IN uccDrdauc. with the law, BECAUSE
Inc law juts not suit tieII ieas VI right AMI JUS.
lice. | must lIIr.eiv,s send You again 10 ,viI
toOm 10 deliberate iuhhrt upon The ml,Ief.
The jury then retired 10 tit-r roYll, and IN les:
ian half All hour, r.tutne verlic, u guilty Of
!mtmsiaUehter.' hut recommended the prisoner
strongly 10 the metcy ii he coun.