Middletown transcript., 1869-06-26
Popular GALES.
CIRCUMSTANTIAL EVIDENCE,
A JURYMAN'S STORY.
BY JUDGE CLARK.


We had been out twenty -four hours, and
stood eleven to one. The case was very
plain one-at least we eleven thought So
A murder of peculiar atrocity had been
committed, and though no eye had wit
messed the deed, circumstances pointed to
the prisoners guilt with unfailing GER
tainty.
The recusant juror had stood out from
the first. He acknowledged the cogency
of the proofs, confessed his inability to re-
concile the facts with the defendants inno-
cence, and yet, on every vote went stead
lily for acquittal.
His conduct was inexplicablc. 1t could
not result from lack of intelligence for
while he spoke but little his words were
we'll chosen, and evinced thorough un-
derstanding of the case.
Though still in the prime of manhood,
his locks were prematurely white, and his
face wore singularly sad and thoughtful
expression.
He might be one of those who enter
tanned scruples as to the right of society to
infict the death penalty. But no, it was
not that; for, in reply to such sugges-
ton, he frankly admitted that brutal men,
like the vicious brutes they resemble, must
be controlled through fear, and that dread
Of death, the supreme terror is, in many
cases, the only adequate restraint
At the prospect of another night of
fruitless Imprisonment we began to grow
impatient, and xpostulated:: warmly against
what seemed an unreasonable captiousness
and some not over kind remarks were in
dulged in as to the impropriety of trifing
with an oath like that under which we
were acting.
"And yet" the man answered, as
though communing with himself rather
than repelling the imputation, " it is con-
science that hinders my concurrence in
verdict approved by my judgment"
% How can that be ?'' queried several at
once.
Conscience may not always dare to
follow judgment"
But here she can follow no other
guide"
once could have said the same"
" And what has changed your opinion?"
" Experience.
The speakers manner was visibly agita-
ted, and we waited in silence the explana-
tion which he seemed ready to give.
Mastering his emotion, as if in answer
to our looks of inquiry, he continued:
' Twenty years ago was young man
just beginning life. Few had bright
prospects, and none brighter hopes.
An attachment, dating from childhood,
had ripened with its object. There had
been no verbal declaration and acceptance
of love-no formal plighting of troth; but
when took my departure to seek a home
in the distant West, it was thing UNDER
stood, that when 1 had found it and put it
in order, she was to share it."
Life in the forest, though solitary, is
not necessarily lonesome. The kind of So
ciety afforded by Nature, depends much
on ones self As for me, lived more in
the future than in the present, and Hope
is an ever cheerful companion.
At length the time came for making the
final payment on the home which 1 had
bought. 1t would henceforth be my own;
and, in few more months, my simple
dwelling, which had spared no pains to
render inviting, would be graced by its
CAT the land office, which was some
sixty miles of, met my old friend, Geo.
G. He, too, had come to seek his fortune
in the West; and we were both delighted
at the meeting. He had brought with him,
he said, sum of money which he desired
to invest in land, on which it was his pur-
pose to settle.
/ expressed strong wish to have him
for neighbor, and gave him cordial in
vitation to accompany me home, giving it
as my belief, that he could nowhere make
. better selection than in that vicinity |