Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1886-06-04
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The Texas jury is queer contriyance.
In this respect, however, it does not
seem to differ from the iuries OF other
states. A jury is body OF twelve men,
called In old law books ''palladium Of
liberty" and "bulwark against OPP.
rression," organized ostensibly to listen
to the evidence in suits at law and Grim
inal prosecutions, and to render verdlcts
for the securing of justice and protection
to the people. AT some time, now I'M
known to man, some rare jury may have
given verdict in accordance with the
evidence put before IT. but that was long
ago. II the jury OF to-day ever found
Just verdict, 1t was by chance. A chance
enters largely into the decisions of that
body, 1t might be inferred that its
decisions would be correct as often
as Incorrect, for the chances are even
for and against just verdict; but
as there are twelve men who must unani-
mously agree, the chances that each one of
them will view the evidence In its true light
and arrive at correct conclusion, are SO
improbable that just verdict is, as we
have said, almost an unknown thing. In
deed, by a strict computation of the doc
trine of probabilities, the chances that
twelve men viii agree as one, correctly,
are as to 1901 600. That is, out of
479,0Ol, 500 cases there win be one that
can be depended upon as lust and in &C.
cordance with the facts.
Perhaps this will serve to explain why
1t Is that so many murderers escape
the gallows in Texas, while occasionally
poor fellow is caught up and made to
suffer. 1t is all the work of chance.
The young man Phillips, who was
found guilty by an Austin Jury of the
murder of his wife, seems to be victim
to peculiar circumstances as much as to
chance. There have been half a score
of women murdered in Austin within lit
tie more than year, and the assassin or
assassins remained undiscovered. The
people were wrought up to supreme
pitch OF fury and dread. At last the
wife of this man Phillips was murdered
under the same peculiar circumstances
that attended the others. He himself
was wounded in the head with an ak.
Some astuto detective advanced the the
DRY that he was the murderer Upon
that charge he was arrested and tried.
No evidence was produced showing his
hand in the murder. Physicians testified
that he could not have inflicted the wound
upon himself. The bloody footprints
left by the murderer did not fit his feet
Nevertheless he was found guilty, not of
murder, but OF mauslaughter. The
chance fell the wrong way that time.
Men, some of whom have probably sat
on jurles that turned loose confesse
murderers, unanimously resolved that
this man was guilty. There was, however,
something more than mere chance in
this case. 1t was the thirst for victim
Austin was excited and in terror. and de-
manded that an example be made of
somebody. Who, 1t was lmmaterial.
Phillips was accused, and because no.
body else was offered he was made the
victim Unless new trial is given, or the
decision reversed on appeal, he is likely
to suffer for an odious crime, which no.
body but the jury believes him guilty of,
while there is not county in the state
that does not hold from one to dozen
men more guilty of murder than he, who
were turned loose by the verdict of petit
iuries.