Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-07-05
OUT of WASHINGTON.
CIRcUMsTANTIAL EVIDENCE.
A Case in Which the Jury's Foreman
Saved the Accused.
rom the London STANDARD.


Very eminent legal authorities agree that
to the facts of a case the jury Is more
likely to be right than the Judge. This
week. however. We have had another addi-
ton to the lengthy list OF instances of the
Judge censuring a jury upon its finding
LAS clear a case as had ever come before
him." he said, as he ordered the jury to go
home. Possibly the judge was right. X is
well to remember, however, that had all
the cases which have appeared so clear to
the judges gone their lordships desired
more than a few innocent men would have
been sent to the gallows. An instance
comes to mind, one of the most eNtraordi-
nary in the history of our legal system, the
account of which we owe to the man who
tried and presided over the trial, Lord
Chief Justice Dyer. This was clear
case OF murder. The victim had been
found stabbed to death In a field wood. by
his side the pitchfork with which the deed
had been done The man who owned the
fork was arrested. and the blood stained
suit he had worn was found hidden in
mattress.
Short OF testimony from any who
had seen the crime actually committed.
there was not link missing from the
chain of evidence against the prisoner. 1t
was In vain that he pleaded not guilty;
everything was so concluSively clear against
him. a verdict of guilty was expected i'm
mediately from the jury. but the foreman
asked that as the life of a fellow crea-
ture was at stake the jury might be al
lowed to retire. The Judge did not under
stand why they should do so in so simple
case; still the jury had its wish. 1t id not
return. The court adjourned for luncheon:
the jury did not come back in the after
noon, and, in spite OF several anxious iu-
quires from the bench, 1t had not made up
it's mind when the court rose for the day
there was one man holding out. The jury
was locked up for the night and in the
morning was brought into court to return
a verdict of not guilty. This a poser.
and the Judge dismissed the jury. saying.
1.-The blood of the deceased lies at your
door"
Private Inquiry by the Judge ELECTED the
fact that the foreman, man of unblem-
fshed reputation and of considerable estate.
had been the cause of the verdict which
the rest had been starved into accepting.
his private room, begged him to explain the
mystery of his obduracy and the amazing
finding of his fellows, first pledging him
self to preserve fnviolate any confidence
which the other might repose In him. Then
the foreman told him how he himself had
met the victim for whose murder the pris-
oner had been tried, how this man had
sought to take advantage of his official po-
sition and exact unjust tithes, how they
Quarreled and fought how the man had at
tempted to kill him with a fork, and how
he tthe foreman of the jury had killed his
antagonist with his own pitchfork. then
fed. The prisoner, coming along had found
the man dying, and in endeavoring to sue
cor him had got blood upon his clothes and
In his confusion had taken the. dead mans
fork and left his own IL its place. This was
why the foreman had held out and why
the prisoner escaped.