The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1906-03-14
JUROR SAVED A PRISONER.
One of the Most Remarkable Gases
of CircumstantiaI Evidence.

Very eminent legal authorities agree
that as to the fact of case the jury
is more. likely to be right than the
Judge. This week, however, we have
had another addition TO the lengthy
list Of instances of the judge censuring
a jury upon its findings. "As clear
case as had ever come before me-" he
said as he ordered the jury to go
home.
Possibly the judge was right. 1t is
we'll, to remember, however, that had
all the cases, which have appeared so
clear to the judges gone as their lord
ship desired more than few innocent
men would have been sent to the gal
lows. An instance comes to mind, one
Of the most extraordinary in the his
tory 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
some one with a fork. The man who
owned the fork was arrested and the
blood stained suit he had worn was
found hidden in a mattress.
Short of testimony from any one
who had seen the crime actually COM
n,itted, there was not link missing
from the chain of eT' 'dence against the
prisoner. It was in vain that he
pleaded not guilty, everything was SO
conclusively clear against him. A
verdict of guilty was expected imme-
diately from the jury, but the foreman
asked as the life of a fellow creature
was at stake the jury might be allow
ed to retire.
The judge did not understand why
they should do so in so simple a case;
still the jury had its wish. 1t did not
return. The Court adjourned for
lunch; the jury did not come back in
the afternoon in spite Of several anx-
ious inquiries from the bench it had
not made up its mind when the court
rose Tor 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 verdict
of not guilty. This was a poser and
the Judge dismissed the jur;, saying:
THE blood of the deceased lies at
your door,
Private inquiry by the judge elected
the fact that the foreman, a man of
unblemished reputation and Of con-
siderable estate, had been the cause
of the verdict which the rest had been
starved into accepting. The. judge
sent for this gentleman and in his pri-
vate room begged him to explain the
mystery of his obduracy and the amaz-
ing finding Of his fellow, first pledging
himself to preserve inviolate and con-
fdencce which the other might repose
| in him.
Then the foreman told him how he
himself had met the victim for Eaose
murder the prisoner had been tried,
| how the man had sought to take ad-
vantage Of his social position and ex-
act unjust tithes, how they had quar-
relied and fought, how the man had at
tempted to kill him with a fork and
! how he (the foreman Of the jury) had
/ killed his antagonist with his own
pitchfork, then fled. The prisoAer.
coming along, had found the man dy-
| ing and in endeavoring to succor him
| had got blood upon his clothes and in
his confusion. had taken the dead
| mans fork and left his own in place.
This was why the foreman had held
out and why the prisoner escaped
London Standard.