Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1873-05-10

They get some bright jrries in Chi
cago occasionally. On Monday last,
in one of the courts there, burglar
named White was on triah AT the
close of the court, when the case was
given TO the Jury, il was agreed that
a sealed verdict might be delivered.
AT O'Clock the Judge returned to
court to discharge the jury if they
had agreed, but they had failed to do
so. When court opened the next
morning, however, they came in with
verdict of acquittal. The States
attorney considered this verdict so
utterly at variance with the evidence
that he demanded that the jury should
be polled, whe reupon it appeared that
nine Of the twelve believed the prison.
er guilty, but had been so tired out
by the obstinacy of tue other three
that they had agreed 10 acquit hun.
The Jury were at once sent back to
reconsider the case, and in one hour
returned with a verdict of guilty, fix
ing the puaishmcnt-a partof a jury's
duty IN Illinois-at one years i'm
prisonment in tho penitentiary En-
change.
Illinois is no more favored in this
particular than are all her sister
States. And though we believe that
Vermont is not one whit behind the
rest of New England in the general
education and natural talent of her
people, we can hut confess that the
action of the Chicago jury is not of so
rare a nature even in Vermont as TO
cause newspaper comment. At q
recent term OF the Orleans County
Court,a verdict of the jury was set
aside, on motion, for the reason that
the verdict was found by chance, or
lot. The jury in this case, having
heard the evidence, the arguments,
and the charges of the Court, found
upon comparing judgement that they
were evenly divided, that six of the
twelve were for the plaintiff, and the
remaining six for the defendant. In
this dialema they agreed to place two
slips of paper in hat, on one was
the letter "p," on the other the let
ter sd" One of these slips of pa
per was to be drawn and the YER
dict of the jury was to be returned
accordingly. This arrangement was
carried out, the letter p YVES drawn
and the plaintiff won his case. 1t is
related on good authority that not
many terms since, here in Essex
jury having heard an all important
case, and been duly instructed in the
law applicable thereto by the judge,
had retired to the jury room, where
the youthful foreman swelling up with
the dignity of his office remarked,
"Gentlemen, suppose our first duty
in this case is to find out who is plain
tiff and who is defendant" and this
jury under the able leadership of its
foreman did ascertain that fact and
brought in a verdict for some thous-
ands of dollars upon which verdict
Judgment was rendered. 1t is fire.
quently the case that the jury as a
whole or individual members of it ap.
peal to the Sheriff in charge Of them,
to settle knotty points, or in cases of
dispute as to evidence agree to refer
it to the Sheriff. 1t is not an untre-
quent thing to see members ofthe july
quietly doing off to sleep, while the
most important evidence in q case ie
being offered, and often men on the
jury, or who have been on, or may be
on, have been heard to remark, that
they did not care to hear any argu-
ment of cases, as anything the lawyers
could say would not change their
minds in the least, thus by implica-
ton assuming to themselves an I'M
Usual amount Of brain and intellect.
Now we believe that jurors of the
class above mentioned are the ex-
ception and not the rule but the
trouble and danger is that there is
such an exception, and that cases of
this kind eUer occur. There is no
excuse for their occurrence, and the
fault might be easily traced to it's
source, and forever checked, could
the real dignity and Importance of a
juryman's office be properly under
stood and appreciated by the power
that makes or appoints them. And
concerning the drawing of jurymen
in this State, there ought to be some
reform. 1t is made too much a system
Of rewards and punishments, is too
much in party interests, and cases
are not seldom of voters who have
been kept fright" for many years by
the influence of the jury box, having
been substantially informed that I'M