Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1898-07-09
JURY IN A SCRAPE.


A York county jury got in serious
scrape with the court last Wednesday
morning, and had narrow escape
from being ruled for contempt. There
was no intention of wrong on the part
of the jury, and this is all that saved
it, for if there is judge on the bench
who invariably hews square up to the
letter and spirit of the law line, that
judge is Judge Townsend.
1t. was knotty arson case, based
upon circumstantial evidence. There
had already been one trial, as the re-
suit of which the verdict had been set
aside, because, in the opinion of the
court, it was not warranted by the
testimony, and that there would either
be mistrial or long siege of it in
the jury room before verdict was
agreed upon, was the general impres.
sion among the court officials. Before
final adjournment for the night, there.
fore, his honor gave the usual instruc-
tions about sending for him in case he
should be needed before bedtime, and
as to bringing in sealed verdict to be
read next morning.
Court convened Wednesday morn
ing and the jury was in the box. At
ter it had been polled, came the usual
question from the clerk:
"Mr. Foreman and gentlemen, have
you agreed upon your verdict?"
"We have" replied the foreman,
sending up sealed envelope, which
the clerk tore open, and taking the
enclosure therefrom, read:
"We agree to disagree"
"Mr. Foreman and gentlemen
this" the clerk was continuing.
"Stop! !" interposed Judge Townsend
sharply; and as the clerk broke of
with bis formality of polling the jury,
his honor continued:
"That jury is in contempt of court"
Then his honor ordered that the jury
be sent back into the room until he
could properly consider the matter,
and after listening to the examina-
ton of witness in another case, sent
for the jury again. By this time every
body in the court room who had not
seen it at first, began to realize that
the situation was serious.
In a stern, but not unnecessarily
harsh tone, his honor informed the
offending jurors that in all his expert
ence he had never heard of such thing
in this state before. With such an intel
ligent looking set of men, he could not
believe that the action of the jury was
the result of ignorance, and he would
have to treat it as contempt. He was
not aware of any resentment on ac-
count of any personal disrespect that
might have been intended for him,
and did not believe there was any;
but the position must be respected.
For jury to assume to take such re-
sponsibility-such discretion-as to
dismiss an offender without verdict,
was striking at the very foundation
of the machinery of justice, and,
of course, such action could not be
tolerated. He, therefore, informed the
jurors that they must make a return in
which they must show cause, under
oath, why they should not be punish
ed for contempt. Otherwise he would
have to order their arrest.
The jurors were thoroughly alarmed
at the disagreeable predicament into
which they had unwittingly gotten
themselves, and straightway went
about preparing their return. In it,
among other things, they set forth that
confronted with the certainty that there
was no possibility of an agreement,
the jury room was hot and uncomfor-
table, several of them were unwell,
and they felt that under the circum-
stances they were fully justified in
their action. They set forth in un-
mistakable language that they had not
intended the slightest disrespect to the
court, and that it had not occurred to
them that their action could be so
construed.
Upon this showing, duly signed and
sworn to by each member of the jury,
his honor expressed himself as satisfied
and gratifed, and then went on still
further to show the baneful effects that
would result to the execution of JUS
tice were such a practice allowed to
prevail. In conclusion, he bade the
Jurors to 60 and sin no more. The
i Jurors went away rejoicing. They
fully comprehended the gravity OF
their unintentional slip-up, and they
are not likely to make the mistake
again.
1t seems that the jury had remained
in the room until about IL o'clock
Tuesday night, when all realizing the
impossibility of verdict, agreed upon
the endorsement, "We agree to dis
agree" and did not appreciate the
awkwardness of their break until next
morning, when it stirred up such a
commotion in the court room.
Off the bench, Judge Townsend is
not anything like the "old bear" he
is, and ought to be, in the court room.
Socially, he is as kind and genial a
gentleman as one wishes to meet. The
reporter saw him after court adjourn
cd His honor could see very easily