Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1883-02-14


career amt worth rememberin'. and
most interesiin' p'nt of that trial hinged
directly upon the p'nt that Is now un-
der discussion at this here BAR
Lawyer Poaey, as you Will have
noticed BY his remarks, was not In all
respects lawyer Of the old school.
He was, properly speaking-although
be could by no means speak properly
"A lawyer of no school at all, and ye'
in his day, there was no surer. more
steadfast, more earnest aud successful
pleader at the bar when the life or
liberty Of iriendless, poyerty'stricken
client was at stake.
WELL said the Squire, drawing up
his long, bony hands, one on each Knee
'lhe case TO which Brother Posey rel iers
was in nowise a peculiar case per Sc,
but it was peculiar in is culmination'
I believe that it is the only case on re
cord at least in this country-in which
a iury has insisted upon having its
verdict recorded as rendered; the only
case In which one juryman in fifteen
minutes, converted the other eleven
and forced them, BY sheer strength OF
will, to render final verdict IN direct
opposition to that for which they had
all voled.'
Has that case ever been reported:
asked one of the listeners.
1t was very briefly reported, said
the Squire. 'in our little country paper
but / doubt very much whether 1t was
ever heard OF be yond our narrow linn
it's
Tell Us about 1t. Squire said three
or four IN course.
Well said the Squire, and again
came one of those roof-raising laughs,
1T was one Of my first cases. My
client was one of those poor, low-down
white trash, as our negroes call them
who had killed an enemy IN iair
SQUARE fight that is, l call it fair
SQUARE fsht because my man was SIM
ply Furnishing lis man for dastardly
insult. He had called HIM a lying
corn.cracker. with a tar heel and no
saud in his craw.' Tie State, repre-
sented by one of the brightest young
men at the bar, ] worked like a dray-
horse. Public sentiment was against
the. poor, good for nothing. whom
defended, and the judges ruliags, on
almost every polnt, we're ID favor OF the
prosecution.
But The jury was made up oI eooo
M men-plaiu, home spun fellows, but all
wool, and five quarters TO the yard
They received Judge Hernd)n'S charge
and retired. In two hours time they
came back in:o court. Ny heart wa;
iu my mouth. my clients heart was
away down in his rawhide boots.
'Haye you agreed upon your verdici:
said Judge Herndon; and DR.. Meacham
the foreman, when called upon, an
nounced it TO be 'GuiltY, with recon-
mendation TO mercy Then the judge
ordered the clerk to enter the verdict
Guilty upon The record.
Il object, your Honor said I.
'On what ground, sir = said Judg'
Herndon.
On the ground, your Honor, that ih'
jury did not bring in the verdict yot
have ordered TO be entered. demand
that the whole verdict be entered.
sit down, sir said Judge Herndon.
sit down, sir said Judge HerndOn.
4 sat down but was on my feet in q
moment.
Il demand that the jury be polled.'
, This could not be refused. and lh
clerk out the usual question TO the fore
man and to each of the jurymen, r
ceiglng from each the same answer
Guilty, with recommendation to III
r mercy of the court.
, when the question Tas put TO tn
p third man, young Qhinlus McGregol
he startled the court with the reply:
, MY verdict IS Guilty, with the RI
| commentator 10 mercy aud I wal
y it so recorded. l don't intend 10 leav
q the court.i DOM, except as a pri oae
unless that record is made
We'll. gentlemen, continued I'll
;Sauire that was an approach TO IL
solution of The continuity OF what pro-
ised 10 be a very lively trouble. I'll
y Judge ordered the jury TO retire Il
~ further dellberation. They were o.
just fifteen minutes.
'e Have you agreed upon your verdict
r said the judge, rather snappishlS.
ID we have your honor
ls Aud when the foreman answered
r. the clerks question. Not Guilty. I
s. people in the court.roOm burst out in
: a veil that could have been heard Gle
down to Finch's Ferry.
ID Public sentiment had changed in
er quarter Of an hour.
10 MY man went free, but just o.
I'd week afterN ard lie VAS sent 10 SLa
'e prison for five years for horse-siei
F" ing.
es Did yeu defend him that Ill
Of 'Squlre?' said Parson Morgan' who h
Joined the in time to hear the 8
eu ry.
as uncle of mine, and | was afraid, at To
ns early stage OF my experience. that a
Iy other surprise might be sprung on III
a Ii that bad happened, this plantatl
he would belong to somebody else a
of you would not be my honored CUES
~ tonight. was Judge Hersdon's hel
Harrington Hawkeye.