Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1859-09-30
D1ITy 01F JURORS.

Duly VI JOKOho.
In a case in Washington County Court last
wpek, the jury came in repeatedly and inform
ed the Court that they could not agree
Judge Barrett labored to impress them with
the necessity Of candidly and carefully exam
lining the case and the conflicting views Of u-
rors, and repeated the language Of Judge Red
field on similar occasion Gentlemen, it
is your duty to agree--you mast agree" We
should not have noticed the matter were il
not for the following article, from which it APP
pears that Judge Redfeld has again expressed
himself in strong terms on this point-so
strong as to elicit constructive rebuke. The
argus Ia democratic paper, by the way
doubtless reflects the views commonly pre-
vailing; but it must be remembered that
there are those. both in this country and in
that from which we derived trial by jury
--England-Yho arc Of opinion that major
ity ola Jury ought to determine the verdict.
This change, however must be effected by
law and not by the Judges. Since the L. S.
Supreme Court has assumed political powers,
we are quito jealous of the Judiciary.
From the Bellows Falls Argus, Sept %.
TRIAL BY JURY.
II is said that every day people learn some
thing Our Court report has certainly learn
ed us something, and VIC rather think that
same something will be new to the public
generally. We sec that in one case the judge
instructs the jury that thoy must agree, and
that il they cannot come TO n unanimous opin-
ION the minority should yield to the ajority
This is, as VIC understand it, tho substance of
the matter.
Will his Honor, Chief Justice Redfeld, in
form us from what particular clause in the
Common, Statute, or Higher Law Judges
derive the authority for instructing jurors, or
in any way giving them to understand, after
they have been solemnly sworn to well and
truly try each and every issue given them in
Court agreeably to the evidence and the laws
of the State, that the minority should give up
their own convictions of right to the will of
the majority? We read in our Bill of Rights,
THAT when any issue in fact proper for the
'cognzance of jury, is joined in a court Of
claw, the parties have right to trial by
'iury, Which ought 10 be held sacred, article
XII. Constitution of Vermont. Also, that
"without the unanimous consent of which ju-
FRY he cannot be found guilty ARTICLE y, of
the same instrument We had always sup
posed that the right of trial by jury should
be, and was, "hcid sacred and inviolable-
that it was the duty of the Court. instead OF
perrcrting that same, to carefully guard against
all innovations whatever upon our constitu-
tional rights, and the laws of the State. 1t
seems to us that they should never attempt
themselves, or suffer others, in any manner
to stile, or take from us, those sacred and
inalienable rights given and guaranteed unto
us by the Constitution, and the laws, under
which we live Still further, we have always
believed that "unanimous consent of a jury
was absolutely necessary before a verdict
could be obtained, and that jurors had rights
as well as parties, OF even Judges. And fur
Their yet, we have always believed those rights
were protected by the same laws-that the
result OF cases depended upon the statutes
made and provided, and the evidence produc.
ed in Court, and that jurors in determining
all questions of fact must be guided by the
evidence, as they understand Il, and not by the
understanding Of their fellow jurors, or tn,
Court. lin this we are in error, we serious
ly hope his Honor will set us right. If not
we would then ask if it would not be well fol
the people to take the matter into their owr
hands, and make our Courts of Justice such
in fact as well as name, by placing upon thu
bench Judges who will not usurp their pow
ers, who will suffer no encroachments what
ever to be made upon the rights and liberties
of the people, and who will guard, with
watchful vigilance, those sacred rights SC
wisely provided for us by our fathers in tn,
Constitution of our State.