Spirit of the age. [volume] (Woodstock, Vt.) 1845-1913, 1874-02-26

| marks u llitll, alu Coihlhauuo lihpilSol-
ment till paid The 4SO marks not
being forthcoming, the twelve really
good men and true were consigned to
durance vile in Newgate. A writ Of
ha6eas corpus soon opened the prison
doors; and the case was referred to
a full bench of twelve judges, who
pronounced the fning and imprison-
ment contrary to law. The jurymen
subsequently obtained exemplary
damages for false Imprisonment, and
the freedom of the box was triumph
antly established
Modern jurors are not overpaid for
their labor and loss Of time; in the
seventeenth century, they were not
paid at all when trying civil suits, but
it was customary for the winner to
give them a dinner for gratitude's
sake. In criminal cases, involving no
capital charge, it was the curious, and
not very comprehensive rule, to pay
them only when they acquitted the
accused; but this rule was violated on
one special occasion; Sir Thomas
Smith recording, that Sin the prosecu-
ton for the Popish plot in Charles
lis reign, the jury had more, and
were treated higher, if they convicted
prisoner than if they acquitted him."
John Ince, writing to the Archbishop
of Cantel bury, anent the jurymen
locked up until they decided upon the
outlines or non, outlines of the
seven bishops, says: "We have watch
ed the jury carefully all night, attend
ing without the door on the stair-head.
They have, by order, been kept all
night without fire and candle, save on
ly some basins of water and towel
this morning about four. The officers
and our servants, and others hired by
us to watch the officers, have, and
shall constantly attend, but must be
supplied with fresh men to relieve
our guard, if need be. N N They
beg for candle to light their pipes,
but are denied. In case verdict
pass for us, the present consideration
will be, how shall the jury be treated.
The course is usually, each man so
many guineas, and a common dinner
for them all. The quantum is at your
Grace's and my Lords desire. But it
seems to my poor understanding, that
the dinner might be spared, lest our
watchfull enemies should interpret it
against us. 1t may be ordered thus (;
to each man, guineas for his trou-
bic, and each man a guinea over his
desire. M. B.-There must be one
hundred and fifty to two hundred
guineas provided" This system of
payment by results smacks somewhat
of bribery, but was calculated to pre-
vent ajury yielding to temptation,
as the twelve Sudbury men did, who,
finding they could only agree in being
very hungry, broke open the door of
their room, and quietly went to their
homes.
A wise Indian judge made it rule
never to give any reason for his judge
ments; consequently no one ever
thought Of appealing against them.
1t is as well that juries do from com
pulsion what the judge did from
choice. for the Home Secretary would
have pretty time of it if the rule
were reversed. A good story is told
ofhow aDevonshire jury came to
acquit doctor who had accidentally
killed an old woman by mixing her
medicine trihe too carelessly. As
soon as they were comfortably seated
in their retiring room the foreman
told them they must settle as quickly
as possible, whether or not they would
hang the doctor, that they might get
home to supper in good time, and the
quickest way of dispatching the busi-
ness would be for him to take the
opinion of each in turn, and let the
most votes decide the matter. Upon
this point, at any rate, the jury were
unanimous, and the foreman proceed,
ed to put the question. One said he
did not care which way it went
hanging the doctor would neither
harm him nor do him any good ;
oEOther, that the doctor had lately
saved the lives of two of his children
mortally bad with the smallpox, while
he had only killed an old woman, who
could not have lived much longer any
how; it vas two lives against one,
and he wouldn't hang the man, not he.
Others were for a conviction on
grounds equally ridiculous. Forum.
,tol, T. Al