The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1860-11-24

4 thulHuetloh NJ this unexpected verdict
and after giving the jury severe ada,o.
milton, he refused 10 record their verdict
and sent them back again, With directions
thet they should Be locked up iii night
without Ere Or candle The wLels bIa,n.
was publicly laid on :he forenan ~ ira
rest q the members, and they spent The
night u lcading him with reflections and
beNalling their unhappy fate in being IS
seelated with SO hardened Z wretch hut
Re remained quite inIlexiLle, constantlv ,Ie.
clearing he would suffer death, rather than
change his opinion. &.
Az soon as Iiii Iordship came into
court the next morning, lie sent again 10
the jury, on which all the eleven members
Joined in requesting the foreman Ia 70 M.
70 Court, assuring him they Wonli adhere
TO their former verdict, whateser was tI,e
consequence, and on being repfoache,l
/ With their former INCONSISTENCY; they prom.
ised never TO desert or roommate upon
their foreman aiiy more. Uponthese az.
Esurances, they proceeded into court. and
again brought 10 THE prisoner not gailty.
The Judge. unable,l TO conceal his rave At
q verdict, which appeared 10 him ID the
most ubiquitous light, rcproaclled them
with the seyerest censurcs, and dismissed
them with this cutting reflection; ihat IAe
6food 81 lhe deceased lay at ikeir dor. e:
/ ffrhc prisoner, on bis plrt, Tell on his
I Knees. and with npliitetf eyes aud hands,
thanked Gottfo his deliyeraHcr, and adj
dressing himself to The judge, cried out,
Kot So, ny lord, thai God and a good eoa.
seienesare ihs test 81 iritnesscs.;
i "These circumstances made 4 deep i'm.
! preston on the mud Of the Judge, and, is
soon as lie was retired from the court. Ire
lentcred Into discourse with the hiQh
tsheria, upon what had passed, and paftIy.
lplnrly examined him as to us knowledge
of tins leader of the jury The answer.
/ this gentleman gave his lsEdsIiip was that
he had been acquainted with him many
years; that be had au estate Of his own 81
about 450 per annun, and that he rent
/ ed . very considerable farui besides; that
he never knew him charged with M i'll
action and that lie was universally cs-
teemed in his neighborhoOd. .'-:t> NJ:
/ For further information his lordship
/ likewise sent for the minister Of tho parish
who gave the same favorable account oi
Ibis parishioner, with this addition, that
he WIS q constant churekIdan and . de-
yout commandment. .. III ii ia ,:.> Il.
These accounts rather increased his
lordship's perplexity, from which lie could
i think OF no expedieht TO deliver himself.
bnt slyy having 6onfereacs in pFiSate
I with the only person who conid give him
satisfaction. This be desired the sheriff
10 procure, who readily offered his ser
lviees, and without delay bronght about
the desired interview. s1.=z.. : .::..,.
Upon the jurymanis being introduced
to the judge. bis lordsllip aud he retired
10 closet where his lordship opened bis
reasons for desiring that visit, making No
EscruPle Of acknowledging the uneasiness
be was under, and coajuring his visitor
frankly to discover his reasons for acqlit.
tting the prisoner. The jdFynan returned
/ for answer, that he bud sufficient reasons
Ito justify his conduct, and that be. was
neither afraid or ashamed to reveal
them, but that as be had hitherto locked
them mp in his own breast, and Was under
lno computation to disclose them. be ex.
3pected his lordship would engage upon
his honor TO keep what he was about 10
unfold as secret as he himself had done;
which his lordsiip having promised to do,
the juryman then proceed TO give bis
lerdship the following account: That the
deceased being titheman Of the parish
where he (tLe jnrymanl lived; be had, the
morning OF his decsasc, been in bis the
Ejuryman's} grounds amongst his corn, and
had doue him great injustice, by taking
more than his due, and acting otherwise
in most arbitrary manner That when
he coHpiained OF this treatment, be had
not only been abused with seurriloas Ian.
guage, but that tile deceased had likewise
struck at him several times with hfsiork and
/, had actually wounded him in IW o places,
I the scars Of which wounds he tIieal showed
to his lordship; that the deceased seeming
bent Oh mischief, and lie lthe lurymAn5
having ito weapon 10 defend himself, hGd
!. Hp other way to preserve his own'l lie, hui
. by ciosisg with The deceased, and Sreaeh,
! Ing the fork out; Of his hams, which hay,
ing effected, the deceased attempted to
recover lhe fork, anu In tbs scullle fe,
! FceiTcd the Two wounds, which had occa
, stoned his death; that be was inexpreSsi
Fhly CONCERNED al tie AGcideHt, and es'
pccInlly when the prisoaer was taken ~
J. on the suspicion Of the murder; that the
+ former assizes being but just over, he wa,
unwilling 10 surfeRdpr himself, aud Il
icOtteSsthe matIeT. because his farm and
J affairs wonld have been ruined by his IT,
lug In goal so long; that he Waa sure tC
have been acquitted on his trial, for that
he had Consulted the ATTEST lawyers upol
: the case, who had MI agreed. thai as the
deceased had been tie aggIeSSor, BE-
would only have been guilty Of man
slaughter ut the most; that il was true
J he had suffered greatly In his own mind
J on the prisoners account, but being well
assured that Imprisonment would be Of
less III consequence 10 the prisoner than
! to himself, be had suffered the law to take
its course; that iH order 10 render the
prisoners confinement ms easy IS possible
he had given him every kind OF assistance,
, and had wholly supported his family ever
since; that In order TO get him cleared oil
} the charge laid against him, he could
think Of no other sxpedieRt than that oil
; procuring himself 70 bs summoned on the
, lturv and set NJ tho had of than which