The Birmingham age-herald., 1905-11-11
Solicitor Mcqueen Thought Evi- dence Showed Guilt of Me-
 gro in Criminal Court
RESOLUTION OF JURY
 EXPLAINING VERDICT
The Jury Says That It Acted to the Best of It's Abillty--What Was Said By Judge
 Weaver.

Weaver.
 On a motion of Circuit Solicitor John Mcqueen, Judge Samuel L. Weaver yes terday dismissed the jury in the case of charged with burglary and grand larceny In the first division of the criminal court The request was made by the solicitor after the jury had returned verdict of
 mot guilty" The solicitor thought that the evidence in the case showed con clusively the guilt of the negro.
 After the jurors were dismissed and court had been adjourned by Judge
 Weaver, the jury in the case drew up d
 formal resolution stating it's side of the
 question. The jury consisted of H. A.
 Tomppert, foreman; c. F. Manly, J. w.
 Harrington, M. A. Graham. M. Nunnally,
 John Anderson, H. L. Johnson, J. D. Aus
 tin, D. A. Stone, J. A. Belcher, J. D.
 Duncan and J. r. Beard.
 The solicitor said in making his mo- tion that as a representative, in the capacity of solicitor, of the people of the state it became his duty to make mo- tion that the jury be discharged from further attendance on the court. He stated
 that many of the jurors were among his
 best personal friends, but that he did
 this because of his duty as solicitor
 and that he regarded his duty to the people of the state more sacred than his friendship for any man.
 What Proof Showed. The solicitor stated that the proof
 showed that the prisoner was not only guilty, but that he was caught red handed in the serious offense of burglary,
 and that there were other prisoners to be tried for similar offenses of whose guilt he had no doubt and that he thought i.
 would be unjust for the state to go to trial after the verdict just rendered.
 Judge Weaver sustained the motion and said:
 "This is the most painful and delicate duty that have been called upon 70 perform since have been on the bench.
 I have no reprmand for the jury as n
 was their verdict, but under the circum-
 stances 1t would be unfair for the defcnh- ants to be tried before the other Jury' the members of which are present ana | have heard the motion. Prejudice miBht arise and the court house is no place To"
 nreiudice or passion. For that reason discharge not only tho jury in this case hui also the other jury and adjourn the court for the balance of the week. | In making his statement in court Juose | Weaver did not express an opinion 'h | either side of the situation lie dlo nos state that he thought the jury haa de'e
 ,,oh+ ar wrong. neither did he state that
 ha agreed with the solicitor as to tho
 evidence of the state being suiflcleht 'o convict. - ,s
 The resolutions adopted by the jury IS as follows - Jury's Resolution | q Be it Resolved, that thls Jury a oreatlv humiliated, mortified ana ihuie nant at the treatment recelVeo py it " | the hands of the solicitor, MT. Mcelueun zen | in making a motion to nave ,leili uiS charged on account or ,heir l or inefficency as jurors. ,.. go Re if further resolved that the right | of trial by jury shall remain lnvlolato as expressed in the constitution ol the state of Alabama
 l "e Re If further resolver that the mem hers of this jury have been attentive 10 | the evidence and that they nave trieu III | their best way to search Tor the tiuth III al1 cases coming before them, ana nave acted according to their convictions III each case. being fair both to the state | and to the defendant.
 "4.. Re 1t further resolved, that 1t has been our experience that the convlctloh of twelve men Is always better than tho conviction of one man as to the evidence in a case. Al .5. Re 1t further resolved. that from the testimony heard and the evidence intro- duced before us, in the case or the state vs. Henry Thomas, the state dld not make out a case, and did not convince us of the gilt of the defendant; therefore we acquitted him.
 "6. Be it further resolved. that as we understand 1t, 1t is within the province of the jury to believe or disbelieve the testimony of any or all witnesses who might testify before a jury, ana m the case of the state vs. Henry Thomas one of the most important witnesses Tor the state we dsbelieved and thought was really the person who stole the goods. ..7. Be 1t further resolved, that we know MT. McQueen and have the greatest ad- mration for his skill and ability as lawyer and believe him to be a con scientious faithful public servant; and, further, that he acted with the highest motives In trying to suDserVe Justlce' but think that he was unjust and nasty
 in his criticism in making the motion for our discharge.
 B. Be 1t further resolved, that a copy of these resolutions be published in each
 one of the Birmingham papers and that a copy thereof be given the clerk of the criminal court to be entered upon the minutes thereof.
 A copy of the resolutions was filed with Chief Deputy Criminal Clerk John P. Ab
 bolt and 1t is understood will be brought before the court.