The record-union., 1893-12-29
CASES OF OBSPINANCY.
Best Way to Handle Pig-Headed Jur
rnan

Best Way to Handle Pig-Headed Jury
men.
1t is said that in the Phelan case no
verdict could have been procured at all,
on account of the obStlnacy OF a single
juryman, had not the other eleven con-
ciliated him by recommending the two
brutes to mercy. Never, probably, was a
recommendation so uncalled for. but the
pig-headed juryman-unlike the pig
headed lady-is common type. Carlyle
was Oh jury with person OF this KIND
upon an india-rubber case, which was
appropriately elastic, and lasted six days.
1.-The refractory man, a thick-set, flat
headed sack, erected himself in his chair
and said L am one of the tirmest- minded
men in England. l know this room
pretty well; l have starved out three
juries already Carlyle said: Don't
argue with him-fatter him. 1t was a
head all check, jaw and no brow. shaped
somewhat like a great ball Of putty
dropped from a hight. We all set to
work. In an hour we at last prevailed
upon him to agree"
Jurymen are sometimes quite uncon-
sciOus of their own determination of
spirit. One Of them, Croake James tells
us, once explained to the Recorder, who
had noticed hiss popularity, that his be-
havlor was entirely misunderstood. mo
man, sir, is more open than l am to con-
vlctlon, and TO do what is right in every
case, but | have not met with the same
consideration from others. 1t has gen.
orally been my lot TO be on a jury with
eleven OF the most obstinate men imagin-
able, who will not listen TO reason" 1t
is fair to say that once in hundsed times
or SO this minority OF one proves TO be in
the right. Lord LyndhurSt mentions a
case in which, through the opposition of
a single individual, the jury, who were
otherwise all for verdict OF guilty, could
come to no agreement; but on the
prisoner being tried again he was unan-
imously and as it turned out, justly
acquitted. On the other hand, some jury
men have TOO low an opinion of what
some philosophers call their ego and are
willing to depute their duties to an alter
ego. When MIR. Justice Gould had been
about two hours trying case at ork he
noticed there were but eleven jurymen in
the box. please, my lord" replied the
foreman, in answer TO the Judges nat
ural inquiry, "the other has gone away
about some business he had to do, but he
has left his verdict with me-"
The most remarkable case of a Jury
standing Out' against what seemed un-
REPUTABLE testimony, and all through
the resolution OF one man, occurred be-
fore Chief Justice Dwyer. He presided
at murder trial in which everything
went against the prisoner, who on his
part could only say that on his going to
work in the morning he had found the
murdered man dying, and tried to help
him, whereby he had become covered
with blood, but when the man presently
died ne had come away and said nothing
about it, because he was known to have
had a quarrel with the deceased, and
feared that he might get into trouble.
The haytork with which the man had
been murdered had the prisoners name
on it. In other respects his guilt ap-
peared to be clearly established, and the
Chief Justice was convinced of it, When
this is the case a Judge likes to get con-
viction. | have sat beside one myself
who on the second day brought his black
cap with him, neatly folded, and placed
it in the drawer before him ready for use
and very much annoyed he seemed to be
when the Jury returned verdict Of mot
guilty.n This was Chief Justice Dwyer's
case, and when, notwithstanding their
being locked up all night without ire and
candle, the jury came to no decision, and
eventually came to the wrong one, he
put some searching questions 10 the
High Sheriff. The cause OF the acquittal
said that official, was undoubtedly the
foreman, farmer of excellent character,
esteemed by all his neighbors and very
unlikely to be obstinate or veXatious.
Then" said the Judge, II must see this
foreman, for an explanation Of the mat
ter | will have" The foreman came, and
after extracting from his lordship prom
ise Of secrecy, proved at once that the
prisoner had been rightly acquitted,
for" said he, ''it was | myself who
killed the man" 1t had been no murder,
for the other had attacked him with the