Daily Yellowstone journal., 1890-02-19
AN ABIDING MYSTERY.
what the Cogitations Of a Petit Jury WiD
Bring Forth.

ANY man who should attempt to
amuse his hearers nowadays ytelling
3 story of a jury who brought in a
verdict "Hot guilty. but il he does it
again he will get the fall penalty" "
would be greeted with cries OF Chest
nut. chestnut" and would be assured
that thing vas credited years ago 10
the far west. was immorlalizcd by
Mark Twain in one of his book. and
that nobody believed that il ever die
happen anyway. Yet the newspapers
reported, and what the newspapers say
must be true, that only week ago u
jury at Newark, \. j., trying IA case at
quarter sessions, broaght in "A verdict
of Not guilty, but wedon't want him
to do it again, and the verdict was ac-
cepted.
In the court of general sessions in
this city last month, a jury, after
spending au unusually long time in
considering their verdict, came into
court and the clerk asked:
Are you agreed upon your verdictg"
We have agreed replied the in
elligent foreman.
What Is your verdict, theni' said
the clerk
I'VE lind" said the foreman, sagely
and with deliberation, that We stand
seven for acquiltal and five for convic-
ton"
Then you have not agreed at all, "
said the clerk testify.
Il guess you have agreed To disa
gree, said the judge, but you had bet
ter try il again"
a poor fellow who was on trial for
his life in the same court not long ago
got a terrible shock by th, Sudden
change from keeuly anxious hope
to glad certainty of release, and then
back again Ia black despair. in the
course of one minute. brought about
by the precise and exact ponposity Of
the jury which was trying him. They
too had taken a long time TO consider
their verdict and the prisoner, des
perate and hardened william, who had
a poor c&se and hSd looked for moth.
ing but the worst, began 10 think that
they might. aftr all, disagree. The
anxiety apparen, on his face told how
the suspense LA racbed him when he
again faced tie jury as they filed into
court and took their seats.
In murder ses, as rule more for
mality is us d than for ordinary
crimes, and - the clerk said: Gen
tlemen of IT,. jury, do you find the
prisoner gu Ity of murder in the first
degree, rs charged in the Indictment
Now, the foreman was soung
lawyer himself, and he felt that he
ought to show his legal and fine judi
cial mind. So he paused moment.
evidently repeating the question to
himself. and finally said complacently,
Not guilty"
There was stir of surprise all over
the court, and the prisoner almost
tainted with JOY as he heard the words.
But the jurymen began to demonstrate
with their foreman, and he conde-
scended to explain.
II mean. of course" he said, that
we find the prisoner not guilty of mur-
der in the first degree, as charged in
the indictment. That was the question
asked me. But we do find him guilty
Of murder in the second degree"
The prisoner burst into tears over
the disappointment, though he at one
time contemplated worse result with
stolidity, but the legal gentleman had
properly upheld the reputation Of his
profession forexactitude and verbosity.
The recognized locality at present
for story tellers TO lay the scenes of
jury dramas is in the new south.
where the 'darkies" furnish ample
material TO draw from In Florida
jury in the Indian river country not
long ago found that "the diseased died
by the will Of God or some other dis
ease unknown TO this jury" Another
dusky panel, bound to show that they
were hot going to shield one of their
own color, found a negro prisoner
guilty, with considerable uoubt as
10 whether he is tie man."
\ man had shot his ncighbor's hog
and the owner had him prosecuted for
malicious injury to property and
wanted him fined heavily, butthe jury
found "the defendant guilty in the
sum OF ii. 80 in favor of the hog
I'VE find the man who stole the
mule not guilty is another verdict
vouched for on good authority, and a
weary judge in desl air over the tardi-
hess Of his colored jurymen, who de-
light TO spend hours and hours ''ar-
guefying' among themselves over the
most tritling points and often ending
them by tossing a penny, is said TO
have blurted 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 explicitly or not, the records
do not show.-New York Tribune.