The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-02-06

The verdict of scquttal in the case of
Patrick Lavan, who was tried for shooting
Street Superintendent Cummings In his
Office. July IL, 1892. was an outrage on
law and justice. The shooting was not
denied, and ye: the jury acquitted Lavan.
Under their oath the jury was obliged to
find a verdict in accordance with the evi.
dence, and on the evidence Lavan was
entity as charged. The jury had right
to find Lavan guilty with a recommends
ton to the mercy of the court, but they
bad no right to acquit the accused. The
law clearly defines the function of the
jury and the judge, and while the Jury
may recommend mercy to the court, they
have no right to determine the
measure of that mercy by YER
dict that was lie. The man
was guilty: how far he deserved
punishment under the circumstances
was . question for the court to decide not
for the jury. The jury in this case law
iessly arrogated to themselves the province
of the court and violated their oaths and
lawful duty in acquitting Lavan. If
intendent that fact was not shown, for if
1t was the jury could have rendered a
verdict that the accused was iaboring
under a tit Of temporary insanity and was
not responsible for his actions II the EVIL
dence did not warrant this verdict. then
the jury should have rendered q verdict of
guilty with recommendation to mercy,
iafS 40 81 he
ure of mercy should be given. but by a
verdict of acquittat the jury evidently in
tended to usurp the functions of the court.
for they absolutely acquitted guilty man.
The law wisely binds the jury by oath
to render q verdict in accordance with the
evidence and wisely reserves to the Judge
the right to determine whether mercy
should be extended to the guilty and what
measure of mercy, but the jury were de-
termined not to trust Lavan to the mercies
of the court, so they gave a guilty man
what they had no legal right TO give him
Under their oath. a full acqaittal. fearing
that the court would not be as merciful as
the Jury would be II they were the court.
This case Is good illustration of what
might be called utterly !awless juries, who
violate their oaths by finding verdicts of
acauittal In face of full testimony of guilt.
The only business of the jury under their
oaths was TO decide as n matter of fact
whether Layan shot the superintendent:
whether he vas sane and responsible for
his actions; or if sane whether the exten-
mating circumstances emitted him TO a
recommendation to the mercy OF the court.
The mercy of the court may extend 10 a
suspension OF sentence. The jury, how
ever. made farce of their legal function
hv verdict of acquittai. This abuse OF
their oath BY jnries has most pernicious
IN luence on the administration of public
Justice, and of course tends 20 demoralize
iurymen who come TO believe that thev
and not the court are the dispensers and
arbitrators OF the mercies of the Jaw.
rhe Jury has only to determine the guilt
Of the accused. q question of fact; they
may acquit If insanity 10 the point OF
irresronsibiiity is established; they may
find the prisoner guilty With a recommended
tien 10 mercy; but jury has no legal bust
ness TO a.rard mercy, or TO fx lis measure a:
IL belongs TO the cour, TO approve or reject
a recommendation to mercy, and fix the
measure of mercy if the court grants the
iury's prayer, but to acQuit gully man
on the plea that the jury felt nseTcifis! is su
outrage on justice and violation OF a
jurors oath.
I,isnot jurors business to find verdiets
which spell mercy illegally extended; il is
his business 10 find verdicts according 10
the facts and 30 recommend mercy he must
leave 10 the Judge the question OF mercy
ana its measure. lie is bound az an hon
est. osth.keeping juror 10 leave the ques-
lion of mercy, where the isw wisely leaves
IL. with the court. To acquit a guilty man
because the Jury thinks the Judge may not
be merolfui enough is not the business OF
the Jury, and the law by restricting the
iury n a recommendation to mercy shows
that It's clear intention is 10 keep The jury
down 10 the question of faet as TO the