Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1872-07-04

| was a member:
"Not many days after we were
convened, a case that touched the
heart of every man in the room was
brought before us. A young girl
had been accused OF theft; a few dol.
lars in money had been stolen; it
was found in her possession, and she
hal made partial confession. The
complainant was woman and the ac-
| cused had been in her employ
When the case was called the woman
| entered the jury room and was sworn
by the foreman. She took the char
assigned to witnesses, and the fore
man questioned her:
Did you lose some money!
Yes, SIR
sWhsn did you lose it?'
'On the first day OF December
'Vho took it.
THE girl named in the complaint.
How do you know that she took
it??'
1 found it in her possession, and
she confessed having taken it,,
That will do you can CO..
But the woman kept her seat, and
moved her hands uneasily.
You can co. said the foreman
again; but she did not start. A ju.
ror sitting near the door rose to
show her out, but as he did SO, the
woman said:
I do not wish to press the COM
plant. want to withdraw it and
have the girl released
why so?' asked the foreman.
sBecause-"ani her voice began to
choke, '.because the girl is young, and
l do not wish to rum her. Some
body else urged her to steal the
money, and think she will do better
| in the future. If l send her to prison
| she may become a professional theft,
but If give her chance she will
be a good girl. She an orphan
and has no friends. know she is
guilty, but I want to be merciful
gentlemen
| Half her utterance was drowned
with tears, which flowed rapidly
down her face. The foreman told
her to step outside and he would
call her again in few moments, and
inform her of the result of her elo-
puent appeal. BE merciful, gentle
men, were her last words as she
closed the door.
1t was voted to dismiss the com.
plant, and when the foreman called
| her to the room, he told her of the
| result OF the vote and commended
| her for her kindness of heart, where.
upon her tears ilowed atresh, and she
thanked us through her sobs.
know in that room more eyes than
hers were wet-eyes not accustomed
to tears.
But soon discussion arose as to
the propriety OF our action. Some
OF the jurors thought we had nc
right, under our oath, to show ia
yor, no matter how strong might bt
the appeal to our sympathies. Ever,
man in the room wished to be leni
ent, but at the same time, above al
other things, wished to do his duty
This discussion resulted in our send
inc tor the District Attorney ant
asking his advice.
After hearing the case, he sal,
there was difference OF opinion a
to the power ola Grand Jury, 'Yo'
can undoubtedly he continued, lex
ercise your discretion in certain cas-
es, and act as you think is for tn
best interests of society. is boil
right and proper that the Grand Ju
ry and also the District Attorney
should be clothed with discretion
ary power, as it frequently happen
that they can do more good by cS
ercising it than by following th
strict letter of the law. | will Civ
you an illustration Some years ag
the case of young man charged
With embezzlement was placed in m.
hands to prosecute. HIS employe
was determined to push the case; HI
was rather ugly about 1t, and ther
seemed no other course than to pros
ecute. The young man was out o.
bail, and came to beg to be let OIL
He said he was guilty, and should s.
plead; that he had an invalid sister
aud with the utmost econom,
on bis small salary he wa
unable. to support himself. IL
knew that this was no excus
I tor his theft. but he took the none,
under great temptation, and did no
realize the cnormity of his offens
until after he had committed it,
You can send me to the Peniten
tiary,' he said, sand nobody can blam
you; but you will ruin me for llts
and bring disgrace upon my parent
and sister, who do not know that
, am charged with crime. It can b
released and the matter hushed up,
will faithfully promise to do bette
IN the future, and think this will b
lifelong lesson to me- He pleat
ed so earnestly that promised to d
what I could for him. | sent for h
accuser, and urged him to withdra
, the char &c. At first he refused but
laid the case before him in such
light that he at last consented. An
: l then urged him to take the youn
/, man back and give him a new tria
t and after much talk / succeeded. II
. complaint was withdrawn, the youu
Q man was restored to his position
/ a little time mis- salary was increase