The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1908-04-05
By GEoRGE c. HENNING.

ems wearing apparel which had been
stolen had been found in the possession
OF women in the West End, near the
pound. It was proven that these had
been given to them by members OF the
pound men, or dog catchers.
The men accused accounted for the pos
session by saying that they made their
round that morning by going to the east
ern section Of the city and came back to
the pound. from the neighborhood Of the
jail. by way of Boundary street. and that
they found the bundle Of clothes lying in
the road at Seventh street east. But a
linen collar. marked with the owner :
name. was found hidden IN the river
marsh near the pound. If the burglar
had been going east from lie Droit Park
he would not have gone west To hide the
collar, but would have hidden il in the
Eastern branch marsh, II nc was going
to hide IL in a marsh I could not con
vince the jury that the men were lying,
so a verdict OF acquttal was rendered.
Another case before Judge Bingham. an
appeal by the defendant from the justice
OF the peace: Jury went out and re-
manned out after the court adjourned
The judge said .hat he did not see why
the jury had failed to come IN, as there
was bur one way to decide the case. The
next morning the jury rendered a sealed
verdict for the appellant. The clerk Of
the court was so astounded that he
couldn't believe the evidence Of his senses.
and when he came 20 the vital point he
repeated il over several times before he
could believe it, The jury in that case
was governed by sympathy, and not By
the law nor by the evidence.
Another civil war cause. the United
States rs. Jones and his bondsmen. Jones
was paymsster in the army during the
civil war. and, according TO the Treasury
records, was short some thousands Of
dollars. not accounted for. II seems thes :
was a law to cover back into the Treas
ury money in the hands OF the paymas-
/ tiers not accounted for in a year. Accord
ing TO the testimony. it was covered back
into the Treasury, but was stiil charged
TO Jones. asked the principal witness If
the Treasury would honor Jones check
on the amount covered back. The answer
was no. The jury couldn't understand
that sort Of bookkeeping, by which II the
money was covered back in the Treasury
why Jones was stin charged with IL. SO
We rendered a verdict according TO the
! testimony. that the United States owed
Jones. That verdict was subsequently set
aside because Judgment against the
| United States was void I saw enough
during the trial TO satisfy me that II the
evidence had been properly presented the
verdict might have been against Jones.
| believe the United States never recovered.
On bright moonlight about = o'clock
was walking down Maryland avenue
and heard the pattering of feet behind
me. / was soon Overtaken by a negro
girl. who asked me 10 tell her where the
vessel was. Apparently she did not know
what vessel she wished. At that time all
our local river travel WAS by sailing yes
sells. and I suppose she vas some country
girl on her return, and having given her
such instructions as would lead her 70
the river. ] gave no further thought 10
the matter.
on Monday morning it was discovered
that a number Of slaves had disappeared
and information pointed TO the river. A
steamboat was dispatched in search and
/ they were ali found asleep near the
mouth Of the Tive- and brought back. II
appears that the captain thought he was
beyond capture and anchored. DTayton
and Sears, the captain and mate. were
charged with the crime Of aiding and
abettfng the runaways and convicted and
! sent TO the penitentiary. but subsequently
! pardoned. The negro girl I directed must
/ have heard about the proposed escape.
/ but was not fully informed ] never knew
/ II she Joined the others, but think she
heard Of II too late.
/ The wind that night was brisk north
west a fair wind for the schooner Ny
/ recollection is that II was found by the
/ steamer before daylight on Tuesday
+ morning They were either tired out or
were afraid TO venture in a rough sea, as
the mouth of the Potomac in a north
west wind is the toughest part OF the bay.
Judges are not infallible. Judge Craw-
/ ford once sentenced a man TO the peni-
tertiary for some offense His counsel.
Democrat Davis, was so impertineut in
informing the judge that the penalty was
I Jail and not penitentiary that the judge
I threatened to commit him for contempt.
/ But before the sentence was carried into
effect the judge found out he had made
la mistake and changed the punishment
TO jail
Judge Humphries once refused permits
sion fof the jury to retire to make UP
their verdict and compelled them 10 bring
IN a verdict Of guilty of an ofense with
which the man was not charged. In
/ consequence, the man got of when he
should have been punished. The judge
used to swear the jury himself, always
with an unlawful oath, according to
/ the law and the testimony The cor
/ rect oath was. and is. You will well
and truly try and true deIiverenee make
/ between the United States and the pris-
/ oner at the bar according to the testi-
mony. SO help your God This was in
accord with the c0mmon-laW oath. in
which Our Sovereign Lord and King APP
/ peared as the prosecutor. We discussed
this matter once in our jury room, some
/ OF them, being under the impression
that We were sworn to. determine a case
I by the law and the evidence. I know
/ this came 10 Judge MacArihuT's ears,
/ for the next day he charged Us that we
were hound 10 receive his testimony with
/ regard 10 the law as we would any
other testimony. But, If the Jury. did not
/ put the emphasis on his testimony that
he required, and acquitted the prisoner.
/ there was remedy
/ In the case OF the King versus Samp-
son Woodfall the printer OF The Public
advertiser. Cor libel. Lord Mansfield laid
down the doctrine that all the jury had
/ to do was 70 find the fact of publication.
/ and that the court would decide the ma
ture Of the ofTense This dlctum was at
tackled by Junius, who claimed the right
of juries TO render general verdicts in all