The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1878-02-01
A JURYMAN'S STORY
Or
FACE TO FACE WITH DEATH
BY A NEW YORK MERCHANT.

witnessed the deed, circumstance
pointed to the prisoners guilt with
unfailing certainty.
The recusant juror had stood on
FROM the first. He acknowledged
the cogency of the proofs, confessed
his inability to reconcile the facts
with the defendants innocence, anC
yet, on every vote, went steadily fol
acquittal. His conduct was mex
plicable. 1t could not result from 9
lack of intelligence, for while he spoke
but little, his words were we'll chosen,
and evinced thorough understand,
ing of the case.
Though still in the prime Of man
hood, his locks were prematurely
white, and his face wore singularly
sad and thoughtful expression. He
might be one of those who enter
tanned scruples as to the right Of
society to inhict the death penalty.
But no, it was not that; for, in re.
ply to such suggestion, he frankly
admitted that brutal men, like the
vicious brutes they resemble, must
be controlled by fear, and that dread
of death, the supreme terror, is, in
many cases, the only adeq uate re-
straint,
At the prospect of another night
of trui.less Imprisonment, we began
to grow impatient, and expostulated
warmly against what seemed an I'M
reasonable captiousness +; and some
not overland remarks were INDUCED
in as to the improperly of trifing
with an oath like that under which
we were acting.
and yet, the man answered, as
though communing with himself,
rather than repelling the imputation,
cit is conscience that binders my
concurrence in verdict approved
by my judgment
How can that be 2 queried sew
eral at once.
Conscience may not always dare
to follow Judgment
'But here she can know no other
guide
Il once would have said the
same
'And what has changed your opin
ion 2
'Experience =
The speakers manner was visibly
agitated, and we waited in silence the
explanation which he seemed ready
to give. Mastering his emotion, as
if 10 answer to our looks of inquiry,
he continued :
Twenty years ago was a young
man just beginning life. Few had
brighter prospects, and none brighter
hopes. An attachment, dating from
childhood, had ripened with its OBJ,
iect. There had been no verbal
declaration and acceptance of love-
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 put it in order she was
to share it. Life in the forest.
though solitary, is not necessarily
lonesome. The kind of society af-
forded by nature, depends much on
ones self. As for me, | live more in
the future, than in the present, and
hope is an ever cheerful companion.
At length the time came for making
the final payment on the home which
| had bought. 1t would hencefor-
ward be my own; and, 10 a few
more months, my simple dwelling,
which | had spared no pains to rem
der inviting, would be graced by its
mistress,
AT the land office, which was
some sixty miles off, | met my old
friend, George C. He, tco,had
come to seek his fortune in the West
and we were both delighted at the
meeting. He brought with him, he
said, sum of money which he de-
sired to invest in land, on which it
was his purpose to settle. | ex~
pressed strong wish to have him
for ueighbor, and gave him cor
dial invitation to accompany me
home, giving it as my belief that he
could nowhere make better selec
ton than in that vicinity. He readi
ly consented, and we set out togeth~
er. We had not ridden many miles,
when George suddenly recollected a
commission he had undertaken for a
friend, which would require his at
tendance at public land sale on the
following day. Exacting promise
that he would not delay his visit no
longer than necessary, and having CIV
en- minute directions as to the route, |
continued my way homeward, while
he turned back.
Il was about retiring to bed on the
night of my return, when a summons
from without called me to the door.
A stranger asked shelter for himself
and horse for the night. l invited
him in. Though stranger, his
face seemed not unfamiliar. He was
probably one of the men had seen
at the land office-a place at that
time much frequented. Offering him
a seat, | went to see to his horse
The poor animal, as we'll as | could