Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-09-27
DECISIONS Or THE SUPnEmE COURT
OFFICIAL.
Opinions Of the Supreme Court OF the
State Of Tennessee, At Jackson, april
Terms 1863. gcoE

opinions 81 the supreme Court OF the
State Of Tennessee, ar Jackson, April
Terms 1853. b 4wE
Robert n. TsylSr snd others, EdS7rd R. Jones.
We ars cons trained to reverse the Judgment, in
this case without looking into the merits or exam
ming the legal questions presented upon the single
ground thai tbs verdict obtained under eircum-
stances that IL cannot be permitted 10 stand esen il
no other errors existed. The matter is thus stated
in the bill If exceptions:
1.-The jury were charged By the Coar., On Thurs
day mornings after they bad been out some time.
! they returned and reported they could not sgrss.
| The Court, afrtF giving hem some instFncti ons
| went on 10 tell them Of the Importance Of their
agreeing, and the expense 10 the parties Of pro
longed mitigation. The Count also told them that
he must keep them together until shey could agree
telling them that he could remain here until the An
MOaday in next mouth, as he had no other CsuEt
iill thea Tee Court also made the following re-
mark TO them There some eases in vhlch
have beea sometimes 10 case Of hung juiss. sllaost
CONSTRAINED tateu the jury. that il you'd be bsgsr
for them 70 ind rrOng rsrdet kaH nor agree az
all. SIS any error &c may commit may be rrecsed
by the Supreme Court The Court slsO told them
they must be governed by the LAW and the facts Of
the case
We would not, for mement suppose, that his
Honor intended these suggestions to have aay inn
proper effect upon the jury, bH doubt not. that they
we're pre- mped by ANXIOUS desire to terminate in
y
avoid a mis- trial Yet the effect Of such remarks
from so high source were well calculated 10 mig
lead them to the proper grounds and eonstdera
tons upon which they should find their verdict and
settle the rights Of the parties. The danger that
such would b. the effect, whether il or not,
would be stuff silent to viiste the verdict. Some OF
them state in their ali iavits fled on the motion
for new sriai, that taey we're influenced BY these
Suggestions from The Court to surrender their Opin
IONS, and c9ncur in the verdict.
The almost conclusive effect given by the law, TO
the finding Of juries, Is settled various adjudics
Ons in this Court, upon questions Of fact, renders
it ndisputably necessary that they should be prop
erly instructed in law, aud placed under no improper
influence, or in any way misguided in coming TO
correct conclusions With all possible precautions,
the part OF the Circuit Judge, Aavs sometimes
seen that they fed against the prepOB9ersnee OF
evidence. This We cannot correct If their be any
evidence to sustain them. 1t was therefore q mis-
take In his Honor, 10 tell them he did. that this
Court could correct any errors ltey might commit.
IL was also calculated, perhaps, to have IN
due influence upon them 10 threaten to keep them
confined, after the business Of the Court over,
ami until 1t would be necessary TO hold another
Court some weeks OF. II is the duty Of jury 10
make every possible effort to agree upon verdict,
and not improper in the Court 20 urge them to do
So that the litigation may be speedily terminated
and the ruinous expense of materials avoided. But
these considerations should not influence them -
violate their conscienees by uniting in verdict
believed by them upon the law and facts, to be
wrong The harsh and unreasonable, if not cruel
treatment of juries, once tolerated in England, to
force their cOnscisnces and Judgements, and eoerce
concurrence in verdict, has been long since con-
demned, and rspudistsd there end here. They
should be left 10 the free and fair exercise Of
their judgments, and not subject to threats or CO
ereion t. induce them to surrender their honest
judgments.
Let the judgment be reversed, and new trial
granted. CARUTHEBs
Test: M. D. WELCH, Clerk.