Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1855-01-30
Charge OF Judge Robertson In the Duel
Ing Case.


In the case at New Orleans recently wherein
poor Spanish fisherman, named Juan Pages,
has been convicted for duelling, having killed
his man, Judge Robertson delivered the fol-
lowing instructions to the jury, when brought
before him in the morning, after being out all
night without being able to agree upon q
verdict. These instructions were given, upon
the jury stating they had no difficulty as to the
law and facts in the case
Gentlemen Of the Jury 1T appears strange
to me that you cannot come to verdict in this
case. You state that you have no difficulty as
to the facts OF the case, nor as to the law. Can
it be that jurors are setting up their opinions
upon questions of abstract principles against
the plain dictates Of the law and an unques.
toned state of facts !? Are individuals, when
sworn as Jurors, to be goverend by their ideas
as to the propriety of a law, when those ideas
are directly opposed to the clear aid expressed
will of the whole community through their
legislative enactments
Jurors who carry such ideas into the jury
box cannot have correct sense of their oaths
and obligations
Will it be contended that a Juror who has
been educated as an aboitionist, and with the
belief that the institution of slavery is morally
wrong, could discharge himself from the per-
Torrance of his sworn duty in the trial Of a
case under our law for the stealing of slave
by saving that there should be no such thing
as slavery?
If such a Juror was trying case of selling
liquor to slaves in violation of our law, could
he excuse himself from finding verdict of
guilty when the case was clear because he be-
lieved slavery to be wrong-that the laws in
relation to it were wrong, and that man had
as much right to sell liquor to slave as to a
white man?
Should case Of bigamy be at bar, would :
juror, who was Mormon or Socialist, be al
lowed, if the facts were clear, to disregard our
law, Under which he had sworn to try the case,
by alledging that he believed the law
wrong, and that every man had right to as
many wives as he could support? Surely not
Such jurors would be false to their oath and
false to their duty. / might multiply these ex-
anples, but the farther we pursue them, the
more clear would appear the utter subversion
Of all law, if jurors were allowed to influence
Their verdict by their ideas, when those ideas
were opposed to the law and the facts of the
case which they were trying.
The case at bar is such case as / have
heard cited. Some of you may entertain
opinions that dueling should not be punished
III 90, InOSe opinions are IN ulrect CONNECT with
the laws of the State. That law may be
wrsng-it may be contrary to public opinion
if 80, let the people have it repealed by the
Legislature; but you as jurors have no power
to repeal the law. You have, as law-abiding
citizens, been sworn to try this case under
the express provisions of the law; and if the
case be clear, as to the. facts, and clear as to
what is the law Of the case, that juror who
allows his opinions, as to the justice of the
law to influence his verdict against the law and
the facts, does not discharge his duty, and can
not have correct appreciation of the force OF
the oath he has taken.
Had there been any doubts on your minds as
to the law, would have discharged you
promptly, but have no sympathy with those
who refuse to find a verdict in accordance with
the law, because the law does not suit their
ideas Of right and justice. must therefore
send you again TO your room to deliberate fur.
Their upon the matter.
The jury then retired to their room, and in
less than half an hour, returned with YER.
dict of "guilty of manslaughter," but recon-
mended the prisoner strongly to the mercy Of
of the Court