The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-06-25


tried at P,ttsbarg. One of the principal
parties In interest is Mrs. Patrick Henry
Winston. sife Of the states attorney gen
erai. one Of the counsel is Senator Turn
ar. and the Judge who heard the case
ig Judge White. father of Attorney W.
II. White. of this city. That is as TO
the personal aspect of the proceeding ou,
incidentally it raised legal points of more
general interest, The court deplored the
absence Of law permitting ten jurors
out OF twelve TO render verdict. AS this
was uttered by a Judge of many years
experience in a commonwealth as old as
tss nation. II Is with some pride SO young
a state as this may claim credit for having
such a law as that 80 much needed In
Pennsylvania
The suit involved the will Of Alexander
Miller, father Of Mrs. Winston. bat she
had Quit-ciaim-d her interest TO her sis
ter. 80 that shs had become only nominal
ly party. The hearing lasted nineteen
days. and the jury were out forty-one
hours. II Was one of the best juries, so
far as intelligence and standing are con-
cernsd. that ever sa; in a box. There
were manufacturers and merchants. con-
tractors and more than one millionaire.
Yet these facts did not prevent dis
agreement after nearly four days de.lbera-
ton. nor did IL saw. them from the caustic
remarks of the judge.
The Pittsburg Chronicle devotes very
considerable space to the trial. and
comments upon the disagreement as Illus
,rating the necessity OF modification Of
the jury laws so as 10 permit majority
To render a verdict at least in civil cases.
Such is tho pertinaeity OF precedent In
Pennsylvania. however, and the yenera-
ton for ancient usage, that all efforts to
amend the Law have proved unavailing
1t is not the fault of the profession, and
Judge White. as a member OF the constitu-
iionai convention. endaavored to have a
provision empowering the legislature 10
make the change. but the innovation was
resisted.
Judge Whites comments upon the law
and upon the Jurors are exceptionally
straightforward. and cannot fail TO have
sood moral effect wherever they are
read. When he received note from the
jury stating that they stood ten TO two
he summoned them into court and told
them he could not discharge them. The
law required that Jurors must all agree
upon a verdict. but his experience Of
over twenty-three years in the court con-
Ia
charge jury simply on the ground that
they could not agree.
After reminding them that they had been
fise weeks engaged on the case. and that
a new trial would put al! the parties. i'm
Guiding the county. to a repetition of the
expense he said:
1T is sometimes said by parties that
they cannot conscientiousiy agree 10 q
gerGict. Thcre is no conscience in the
case. II IN not n question OF conscience
al an IT is simply question OF judgment.
| Men will differ In their opinions as 10
TIE testimony, or 80 20 questions Of fast,
ce as TO the proprie'y of verdict II Is
simply a difference in judgment and no
question OF conscience whatever In tho
case. Men viii differ often on questions
Of this kind, II IL very natural for them
10 10 II. and there have 10 be often con-
cegsions on the part OF some. They must
| TseiA their Judgment. In order 20 ge. 4
verdict.
4 don't know. gentlemen. how you
! a.and~as 10 which side you are on.
don want 70 know anything about II.
mere thefe are Twelve men or equal IN
'elbgencs. ana ten are On one eide and
Two on fne other. the Tar presumption IL
/ that tie ten are right and the two wrong
( TAat Is the fair presumption, II they are
men % cqaai sn'ellsence. Sometimes il
may hapren th@i 'he minority SIRE risht
~" 'ae majority wrong. hA' say N they
ere men OF equal inteNlSence and iudg-
"'ent me tar presumption = that The Ten
+ are fiEbt ana TIE TWO ~rohg. Somebody
must Yield. S;isH The ten Yield TO two, or
/ tue two weld 10 ten Which Is the more
/ 'e2sonae'eF
/ The court then sail he could not homo
., .s..,,rs . .,,..., t..,,,... s.. :, -,
/ not hv ordering new sr,si insure ss,.,,...
! ,ey to,elve men WIN ,,o.,,, -. 1p-..,.. >,
more ia.elneent,v consider The e,,sa,e,
! nor b. more ffkrlv n ,,r.a .y.,,, .s-.~
/ be sata vno ,ook -. ,+s..t., go,
uoula no, aerce "a a ver,t~. ,,,tat,.4 hf.
natb We Authenticated ,r,.,r .hs, d, ,.;.,.
F ,,4,-v.nsn haf ne utiean,s, ia, cor,-as-
SAN 20 .he views ~ o,hays e.as 70,
humiliation when the tr,e-e.ts ~ ,,,s,s,o
demanded an agreement, 4, .nn,t,,slo,
/ 10 said:
! Vow gentlemen I have ,ayses r,,tnf,,
+ dont ihink have rossoasl ac1uair;-