The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-01-17
A JUROR WITH A CONSCIENCE,
Startling Occurrence in Chi
cagO Court.
A Man Refuses TO Do as the Judge
Orders.
Julius Clayton WIN Not siga = Verdict
Because His Feelings Re-
bslisd Against 1t.

CHICAGO, Jan. 16.-Because he ooul
not assent consoientiously to q verdic
ordered by Judge Seaman in the Unite
States circuit court today Juror Juliu
Clayton chose the alternative of arres
on . charge of contempt. From tn
hour OF adjournment in the early after
noon until court met again ct s o'clocl
Clayton was under arrest. When b
was called to answer to the court b.
stood facing Judge Seemsn and said tina
though it meant imprisonment for al
indefinite time he could not bring him
self to assent to verdict which he be
lieved was wrong.
The scene between the juror anc
judge was ended finally by Judge Sea-
man who, moved apparently by admira-
ton for Clayton's steadfsstuess, con =
senting to non-suit in the case, ex-Judge
Prendergsst, for the plaintiff. agreeing
to accept Don-suit as having the same
legal bearing and effect as if the verdict
had been rendered 90 the Judge had or
dered.
The other II jurors believed with
Clayton, that a verdict for the plaintiff
should be given. but under the direction
of the iudge-ss is the law-they had
agreed to render a verdict for defendant,
though under protest.
The case was that OF Marie Cahill
against the Chicago. Milwaukee and ST.
Paul railroad. The girl was run over by
aswitoh engine while going to work in
the stockyards. Che was dragged some
distance and her foot cut off. Then .
brakeman gave a signal to back and the
young woman was caught once more I'M
der the wheels and the other foot was
cut off and her shoulder broken. She
brought suit for $25. 900 damages. The
case had been on trial since January
9Th. and Judge Seaman in his charge to
the jury said that no negligence could
be shown on the part OF the railroad.
He concluded: "The court chargss you
to render verdict for the defendant,
and so say you ALL"
When the question was put. $50 say
you all?" the jurors remained mute for
full minute. Each one in turn said he
could not assent to such verdict. The
judgs told the jurors to retire and bring
in verdict.
At 2 O'Clock court reconvened, and II
of the jurors said under protest they
would by order of the court agree to Q
verdict for the defendant. Clayton was
obdurate and said: "Under no circum-
stances will consent to such q YER
dict" The foreman Of the jury had
verdict for the plaintiff in writing in his
hand. but the judge would not accept it.
Clayton's face was like q bit of steel.
] ust before entering the room he said:
II am ordered to say white ia black.
I Won't do it."
Attorney Prendergast said: "Juror
Clayton dees not wish it thought that
he holds this court in contempt, but he
feels it would be doing violence to
conscience to say that is right which he
he believes to be wrong. and he feels
he ought not to be forced to say as
true that which is not true. If this
court will only say the girl has no case
and leave US free to appeal on that
basis this juror may be discharged
from arrest and have q conscience free
as his body. I have talked with the
juror. This matter ia not q within. To
vindicste that which he feels to be right
he is ready to take any consequences.
81 respect his position" said Judge
Seaman, "but feel that he does not
appreciate his duty as juror. He has
the appearance of manly man. This
verdict under my direction by Jurors is,
as far as they are concerned. only q
matter of form. The protest goes ON
record. Will you, Mr.. Clayton, take
your seat as juror once moro and let
the foreman render verdict as have
directed?"
II can't. SIR" said Clayton firmly.
The compromise was then agreed upon
and Clayton took his unchanged honor
out OF court.