The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1869-07-22
JURYMAN's STORY.
By JUDGE CLARK.

|
= 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. RE ss7ssE
! The recussant juror had stood out from
the first. Ee Acknowledged the ccgency
of the proofs, confessed his inability to re-
reconcile the facts with the defendants in
nocence, and yet on every vote, went
steadily for 'acquittal. r.5-...,-,.,5 ..7s.-
His conduct was mex plicable. It could
not result from lack of intelligence, for
while he spoke but little, his words were
we'll chosen, and evinced a thorough I'M
derstanding Of the case. ....., .a,.,.@l
Thosgh still in the prime Of manhood,
his locks were prematurely white, and
his face wore a .singularly sad and
thoughtful expression. .,..ro
He might be one of those who enter
tain scruples as to the right of society to
infict the death penalty But no, it was
not that for in reply to such suggestions,
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. 4rj
At the prospect of another night OF
fruitless imprisonment, we began to grow,
Impatient, and = expostulate warmly
against what seemed an unreasonable cap
tiousness; and some not over kind re-
marks were indnlged in as to the proprie
|. ty Of trif1ing with an oath like that UNI,
der which we were acting.
aAnd YET" he said, as if commninEgg
with himself rather than repelling the
kimputation, it is conscience that hinders
my concurrence in verdict approved by
my Judgment" 4lo - r -21
e "HoR can that be s'' queried several
at once. ~.
conscience may not always dare to
follow judgment" Y p3'1sn ~. 80,
pr -"But here she can know no other
guide" said we. 81 r 'il-A 55 l23ss.ie'A12s'
ct once would have said the same"
"And what has changed your opinion?''
Experience! %
The speakers manner was visibly agi!
tated and we waited in silence the explain
alton which he seemed ready to give
Mastering his emotion, as if in answer
to our, looks, Of inquiry, he continued:
Twenty years ago l was young man
just beginning life, Few had brighter
prospects, and none had brighter hopes.
An attachment, dating from childhood
had ripened with its object. There had
[been no verbal declaration and acceptance
Of iloYe--no formal plighting Of troth
but when took my departure to seek a
home in the distant West, it was a thing
understood, that when | had found it and
Iallt it in order she was TO share it. n
Life in the forest, though solitary, is
not necessarily lonesome. The kind OF
society afforded by nature, depends upon
ones self. AS for me, I lived5more in the
future than in the present, and hope is
ever a cheerful companion. a.ftgz ~. - ~.
At length, the time came fol. making
the final payment on the home which ]
had bought, It would .henceforth be my
own and in few months my simple
dwelling, which had spared, no pains to
render inviting, would be graced by its
mistress. a,r,b-~e, 81 e...5,,-, ia 81, IS ~
/ pTAt the land office, which was some six,
! ty, miles off, I met my old friend Geo. G,
] He. toe, had come to seek his fortune in
/ the w est !. and we were both delighted at
the meeting, He had brought with him
he said, sum Of money which he desired
Ito invest ia land, on which, it was his de;
sire to settle. sv.s, -,t..,t
+. I expressed a strong wish to have him
\ for a neighbor, and gave him a, cordial
i invitation TO accompany me home, giving
it as, my belief, that. he could nowhere
make better selection than in. that vi,
entity. a.. hatfrrr.f g.-.It $50 .,,-.f,
| He readily consented, and we set out
together. We had not ridden far when
4 George recolleeted a commission he had
undertaken for a friend, which would re-
quire his attendance at public land sale
ON the following day.
Exacting a promise that he would not
delay his visit longer than necessary, and
having given minute directions as tc
the route, / continued my way homeward
while he turned back. 100 ..5a5
/; was about retiring to bed on the night
! of my return, when summons from with
I out called me to the door. A strange,
4 asked shelter for himself and horse fol
the night. W. - 80. y. - q s.
J INVITED him in Though a stranger
4 his face seemed not Unfamiliar, He was
probably one Of the menI had seen al
] the land office, place, at that time, very
much frequented. -ls2a-A +. .73'll99 9-.
/ OHerlng MN seat, went to see to hi
! horse. The poor animal, as we'll as /
could see by the dim star light, seemed
to have been hardly used. His painting
sides bore witness of merciless riding
and tremulous shrinking at the, slightes
Il Touch, beto kened a recent fright. . Va ,.,
r. On re-entering the house, found thu
stranger was not there 4 His absence ,ex
: cited no surprise !; he would DOUBTLESS
i tsoon return: It was a little singular
/ however, that he should have left hi
!, watch on the table. l3 Z 3f2fsi &c
: Atthe enc Of half an hour nv CUES