Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-01-10
CuRIosIrrEs OF JURY TRIALS.
From Chambers Journal.I

but its magnihcence is not a little tarnished at
times, when, as may happen BY English law,
twelve ignorant, stupid, or erotchety men get
together in the box. The last are, perhaps. the
most mischevous, since, needless OF their oaths,
rather than run counter 10 what they dignity as
conscientious scruples. Thanks to q strange
craze for conviction, tn at has for some time
past possessed the people OF a certain historical
town, "Not guilty" has become the stereotyped
verdict of it, juries, and justice has been again
and again, as it were, checknated through her
own badly disposed pawns.
Not that Warwick jurors are the only ones
capable OF setting evidence on one side.
Worcestershire jury acquitted a man in the
face of overwhelming testimony, merely be-
cause he happened to be defended by the son OF
a local magnate; the foreman OF the precious
twelve actually believing they had done some
thing meritoIious, exultingly saluting the squire
a day or two afterwaId. When a Welsh jary
thong bit IL right TO acquit prisoner, despite an
tmpl aticslly unfavorable summing up, Baron
Brsmwell told them he hoped they had recon-
ciled their condolences to their verdict, but by
what process they had done il he declared be
was utterly unable to guess. What would the
baron have said TO the twelve obstinate back
woodsmen, who, sitting upon the body OF an
Indian, undeniably done to death by the ran
dom shooting of the guardian of potato plot,
made things pleasant all round by pronouncing
the unlucky savage had been worried to death
by dog; and that not satisfying the unreason-
able coroner altered their verdict to, KILLED
by falling over cliff" and stuck to that YER
sion spite of all TemOnstrance! 1t must be al
lowed, that when jurymen ignore evidence in
this way, they generally err on the side OF
mercy; unlike the jury OF old, who found the
man guilty of murder against whom there was
not little of evidence, and when challenged by
the judge, replied through their foreman, that
an auocious crime had been committed, for
which somebody ought to be punished, and they
did not see why il Should not be the man before
them, as well as another!
Once upon time, il was dangerous for the
box to differ from the bench; jury daring to
assert an opinion of their own, being liable to
lind the mselyes thrown upon the tender mercies
OF the Star-chamber. Instances, indeed, are
not wanting OF the judge taking'upon himself to
pU;iish juTymen for not following his direction.
Penn, the Quaker, was instrumental of freeing
them of this terror. When he and Mead were
charged with preaching in Gracechurch street,
the jury were thrice sent back to reconsider
their verdict, and shape it to the desired pat
tern. The last time they were locked
up for the night, but the morning found
them of the same mind; and "N0t guilty"
was still their award. al am sorry" said
lowed your own judgments and opinions rather
than the good advice that was given yeu. |
pray that my life may be kept out of your hands!
But for this the court fines you forty marks
man, and commands imprisonment till paid"
The $50 marks not being forthcoming the twelve
really good men and true we're consigned to
durance vile in Newgate. A writ Of habeas cor
pus soon opened the prison doors; and the case
was referred to a full bench OF twelve judges,
who pronounced the firing and imprisonment
to be contrary to law The iurymen subsequent
onment, and the freedom of the box was tri
umphantly established.
Modern jurors are not oyerpaid for their
labor and loss OF time; in the seventeenth CEN
fury, they were not paid at all when trying civil
suits, but il was customary for the winner to
give them a dinner for gratitudes sake. In
criminal cases, involving no capital charge, 1t
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
for al
Charles lis reign, the jury had more, and
were treated higher, If they convicted pr-
sOner than IL they acquitted him. John Ince,
writing to the Archbishop OF Canterbury anent
the iurymen locked up until they decided upon
the outlines or non outlines OF the seven
bishops, says owe have watched the jury care
fully all night, attending without the door on th5
staiT-head. They have, by order, been kept all
night without fire and candle, save only some
basins OF water and towels this morHing about
4. The officers and our servants, and Others hired
by US to watch the officers, have, and shall con
stantly attend, but must be supplied with fresh
men to relieve our guard, ii need be. =
They beg for candle to light their pipes, but
are denied. In case a verdict pass for US, tho
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 ana my
Lords desire. But 1t seems TO my poor under-
standing, hat the dinner might be spared lest
our watchful enemies should interpret 1t against
Us. 1t may be ordered thus: to each man -
guiDeas for his trouble, and each man guinea
over his desire N B-There must be i5O or
200 guineas provided This system OF payments
by results smacks somewhat of bribery, but was
calculated to preventa jury yielding to tempta-
ton, as the twelve Sudbury men did, who, lind
ing 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 a rule never to
give any reason tor his Judgments; conseq uent-
ly no one ever thought OF appealing against
them. 1t is as well that juries do from com pull
sion what the Judge did from choice, for the
Home Secretary would have pretty time of IL
II the rule were reversed. good story is told
of how DevOnshire jury came to acquit doc
tor who had accidentally killed an old woman
by mixing her medicine a tritle too careessly.
As soon as they were comfortably settled 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
ane thai the quickest wa pp Of dispatcHins the
business wonld be for him to take the opinion
each in turn, and let the most votes decide the
matter. Upon this point at any rate, the jury
were unanimous, and the foreman proceeded to
put the question. One said he did not care
which way IL went-hanging the doctor would
neither harm him nor 90 MIN any good; another,
of his children mortal bad with the smallpox,
while he had only killed an old woman who
could not have lived much longer anyhow; it
was two lives against one, and he wouldn't hang
the man, not he. Others were for conviction
on grounds equally ridiculous. Fortunately for
the poor doctor, oil at length agreed to a yer
dict OF not guilty.
Many verdict is, We may be sure, only that
Of majority, acquiesceG in by dissentients
anxious to be spared troublesome discussion,
and sensible enough to prevent their foreman
announcing, as the foreman OF Limerick jury
did that they were "unanimous-nine to three"
in finding the prisoner not guilty. OF course,
the "unanimous' party had 30 retire again, and
Of course, returned the same verdict, and the
accused was discharged. Being grateful for
his escape, he promised, as he was leaving the
court, that IL would be his last as well as his
first ohense, oblivious to the fact that the jury
had decided he had done nothing at all. Ply
steal arguments have been used by a majority
when more legitimate ones failed A jurymsn
once asked judge whether his differing in
judgment from his eleven brethren justified his
being knocked down with a chair. In the case
OF another jury, one, at dispersal, was heard to
ssg to another: 'Only 1 threatened to kick
him he'd never agreed" In America they would
appear to have a gentler method of insuring
unanimity. When Abraham Lincoln had to de-
fend fellow charged with stealing h alf a. dozen
prime hogs, the case against his client was so
clearly proved that he told him as much Not
at all discounted, the accused said "Never
mind about that; just abuse the witnesses, and
spread yourself on general principles, and it
be all right" Sure enough, 1t was so; to Lin
coins astonishment, the jury brought in a YER
die of not guilty. ConQratulating his client on