The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1890-04-16
An Abiding Mystery.

Any man who should attempt to amuse
his hearers nowadays by telling story Of
jury who brought in verdict, " Not
guilty. but If he does It again he will get
the fall penalty would be greeted With
cries Of . Chestnut, chestnut, and would
be assured that thing was credited years
ago to the far vest: was inmoTtaiized BY
Mark Twain in one ofhis books, and that
nobody believed it ever did happen, any
way. Yet the newspapers reported, and
what the newspapers say must be true,
/ that only a week ago at Newark, " try
I ing case az quarter sessions, jury re-
turned verdict Of not guilty, but We
don't want him to doit aglin,' and the
verdict was accepted
In the court of general sessions in this
city last month j1ry, after spending an
unusually long time in considering their
verdict. came into court, and the clerk
asked
Have you agreed upon your YER
diet
We have agreed, replied the intelli-
gent foreman
What is your verdict, then ." said
the clerk
we find said the foreman, sagely,
and with deliberation, THAT we stand
seven for acquittal and five FOR couvie-
ton"
Then you have not agreed at all. "
said the clerk, testify.
guess you have agreed to disagree,
said the Judge, bat you had better try
it again.
\ poor fellow who was on trial fer his
life in the same court not long ago, got
terrible shock by the sudden change from
keenly anxious hope 10 glad certainty of
release, and then back again 10 black de-
spair, in the course Of .one minute, occa-
sionen by the precise and exact pompos-
ity Of the. jury who was trying him.
They, too, had taken long time to con
slider their verdict, and the prisoner. a
desperate villain, had 4 poor case and
looked Tor nothing but the worst, began
to think that they might, after, all, disa-
gree. The anxiety apparent on bis fce
told hos the suspense mad racked hi,n
when he again faced thejnry as they fl
ed into- court.
In murder cases, as a rule, more form
ality is used than Tor ordinary crimes, 50
the CLERK said
Gentlemen Of the jury, do YOU find
the prisoner guilty ofmurder in the first
degree, as charged in the Indictment ~
Now, the foreman was a Young lawyer
himself, and he felt that he ought to
show his legal and fine Judicial mind.
50 ne paused a moment, evidently repeat
ing the question TO himself and finally
said complaoently, ~Not guilty
There was stir Of surprise all over the
court, and the prisoner almost tainted
with joy. Bat the iurymen began to
remonstrate with their foreman, and he
ccndescended 10 expisin.
u mean, ofeourse,' lie said that We
find the prisoner not guilty of murder in
the first degree. as charged in the indict-
ment But we do find hin guilty Of
murder in the second degree.
The prisoner burst into tears over tie
disappointment, though he at one time
contemplated worse result with stolidi-
ty, but the legal gentleman had properly
upheld the reputation Of his profession
for exaetitude and veTbosity
The recognized locality at present for
story tellers 10 lay the scenes Of jury dra-
mas is in the new south, where the
"d4rkies7 furnish ample material to draw
from. In Florida, jury in the Indian
fiyer county not long ago found that
-the diseased died By the viii ofCi1d or
or some other disease unknown 10 the
jury Another dusky panel, bound too
show that they were not going to shield
one of their own color, found a negro
prisoner guilty, with considerable doubt
as to whether he Is the man
y udu HI St4uL Aic htl-uuuE luE
and the owner had hfm prosecuted for
malicious injury TO property and wanted
him fined heavily, but the jury found
the defendant guilty in the sum OF sl.J0
in favor OF the hog"
@We dnd the man who stole the mule
not guilty, IS another verdict vouched
for on good authority, and weary Judge
in despair over the tardiness Of his col f
ored jurymen, who delight tospend hours
and hours .arguefying' among them
selves over the most triliing points and
often ending them by tossing penny. is /
said, to have blurte,i out in his wrath
If you can't find verdict Of your own.
take the one the last jury used Whether
these clear Instructions were followed ex-
plieitly or not. the records DO not show
View York Tr'L,,l.e.