The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-08-28
The Intelligent Jury.
DECIDING VERDICT BY CASTING VOTE WHEN
49, EQUALLY DIVIDED.
From the London Standard, August IL

From the London Standard, August 12th.J
The announcement which the Home Sec
retary had 10 make yesterday evening with
respect to the case Of Gerald biainwaring,
lately condemned to death for the murder
OF policeman at Derby. will be received
with mingled astonishment and disgust.
The world hears from time to time OF
strange findings on the part OF intelligent
| iurymep, and the satire OF bygone days hos
| left on record the statement that wretcbes
used to hang that iurymen might dine; bnt
there is, we are glad to believe, no. parallel
or precedent for the deliberate confession
OF the foreman of jury that he and his
colleagues, being unable to decide upon the
uuestion OF life and death committed to
them. had recourse to the ballot to deter
mine which among them should have two
yotes-there being six on one side and SIX
on the other.
In what way the balloting was managed
we are not told, but the foreman appears to
be quite satisfied at being able to assure the
world that the matter was not made to de-
pend upon the actual tossing OF coin or
casting Of lots. MIR. Cross is bound to say
that such minute distinctions are too fine Tor
him, "If," says he, "there were six on
one side and six on the other, and they tnen
agreed to ballot for the person who YVES to
have the casting vote, that seems to me very
like tossing for verdict" The actual po-
sition in which each Of those iurymen put
himself may be illustrated by placing two
pistols on table, one loaded with bullet and
the other with blank cartridge, and then
"ballo,ing" which you shall take up and
discharge at given person. No privilege
of Jury can cover such playing fast and
loose with death. l..-
The iuryman who finds verdict OF will.
tful murder otherwise than in obedience to
the oath which he has taken is a murderer
Just as much as bapgman would be who
should hang man not condemned to death
From this crime the jury are in this case
saved by the timely disclosure which the
foreman has made OF their disgraceful con.
duct; for, Of course, upon the result OF
verdict so found, the Home Secretary de-
clines to act. In spite of their efforts, the
blood OF the wretched Mainwaring will not
! be upon their heads. What course viii
now be taken has not been announced. ~
IL the Jury are SO discredlted that theil
whole proceedings are null, it would follow
that there has been no finding, But II the
verdict, however tainted, technically stands
GOOD, there remains nothing but to com
mute the sentence. It is much TO- be, re
gretted that The case should have to be deal
with upon any other consideration thor
that OF its strict merits. Il raised ques.
tion which is constantly arising, and toWar6
the solution of which any contribution ]:
welcome. The verdict OF the jury, bad Il
Ibeen honestly found, would have been suct
in contribution. AS matters now stand, peo
ME will begin to ask whether such short ant
[eanricious methods OF deciding m0mentou'
nuestions are common with iuries, OF whe
fher we must consider the twelve mer who
composed this particular jury to be;excep
! tiouaI specimens. The latter is not sup
position: essy.to maintain, but the alterna
tive view Is most disqnieting. II iE aimos
kimposstble to 0yerestimate the severity Q
tha ty1IoWsWhich q few revelations OF :.fhi
Hind deal at the whole system Of trial el
Jury. = .l. ,5 & Il t..S s. J. .,,T IT