Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1883-04-07
TRIAL RSY JURY.


Its Value AS n ''Bul wark,,
The value of that time-hOnored insti
tuition, trial by jury, as one of the bull
warks OF liberty, is strikingly exemplifiei
IN an account which correspondent OF
the Philadelphia Press gives of an inter.
estlng Interview with George Washing.
ton BreakirOn, one of the jnrymen who
acquitted the murderer Dukes. The cor.
respondent says;
Sixteen miles northeast of UniOntown,
In the mountainous wilds of Bullskin
township, is a place called Breakneck,
IL Is simply settlement containing
here and there rude log hut of such art
less mechanism as to suggest the most
primeval stages of civilization. Here i'm
a CABIN l0wly and unpretentiOus lives
BreaklrOn. The unwOrked road, the half
cleared farm fields, riderless fences, and
the dilapidated buildings all suggest a
state OF simplicity somewhat unlike the
verdict rendered in the famous trial.
BreakirOn is 81 years old. 1t would be
ulfflcult to find a man more ignorant
In every respect than he is. He is unable
10 read, and, until the trial, knew moth
Ing OF the circumstances attending Capt.
Nuts death. To the question, "What
did you do first after retiring to the jurv-
r00mT he replied:
1.-THE first thing some one remarked:
Are we all DemOcratsp We found we
were, and l said it was wrong: that we
ought to be mixed and have some Re-
publicans on. Then Armstrong said we
ought to pray, as the jury prayed in the
Low trial. Clawson prayed aloud, and
the rest of us got down on our. knees.
The next thing we appointed foreman.
they wanted to appoint me, but would
not serve on such big case. l never
was on jury before, and l wanted to
practice on small cases first. We then
appointed Mcintyre. We then took up
the letters. and read them over several
times"
What did you think of Dukes lettersp"
we thought man should not write
such letters to father, but we concluded |
they did not bear directly on the murder
and we passed over Them We decided. |
however, that Nuts letter contained q
bad threat, and after talking the evidence
over awhile we voted. We had no paper
TO write on, and so we Just held up orr
hands. On the first ballot we stood three
for manslaughter and the rest for ac-
qulttal, except myself L sac back i'm
the corner and did not vote the first
time. AmalOng voted for manslaughter
on the first ballot, and after that he went
Tor acqnlttal. He had a good deal to say,
rs did Cramer, who was babbling for ac,
luittal. And so we hardly thought we
could take it. The testimony of the
several witnesses was mixed. and we
ust weighed each mans evidence and
lid the best we could"
What did you decide as to the shoot
ng?" '''
I'VE thought it was done pretty much
n self-defense"
Did you find that Mutt had pistol?"
FROM the testimony at the cOrOner's ..
inquest he had, but it did Lot seem at
he trial that he had" !
Which testimony did you take in such I
case?"
I'VE took parts of both and did the Y
est we could. We could hardly tell y
neither Mutt had pistol or nOt."' !,
cling killed." v
THE cane was heavy enough to kill I
ian. We decided to accept the testi- y
lony OF Henry Jennings that Dukes v
cid the cane when he shot, II
III Dukes held the cane and Mutt had "
pistol in his hand, how did you find a
ukes to be in danger?" u
we tnOugnt Mutt had hit Dukes with =. :.
le cane when he entered the room, and ~
ukes got 1t away after the attack. | ~ y,
mt remember just how we did fix up ~
at point. have been thinking il over Ill
nee, and can't recall it all, AS it is a
thing to get into mans head"
You did not vote at first; but when n,
u saw what the others were going to ~ n,
now did you decide to yOte?" in
II voted to acquit him." &C
III the Others had all voted for first ~ ~
gree verdict what would you have naa
We'll, then would have done that. ~
}. We took about seven ballots, and v"
9n made 1t unanimous for Dukes, all
ldlng up our hands. / thought the In
'dict was all right, and did not know FRI
any tricks or bribery or perjury. The 70
u suspected of there being anything ha