The Wilson times. [volume] (Wilson, N.C.) 1896-19??, 1911-09-29
NEED MORE
PRAYER
EXCEPTION MAY BE FILED In
BEATTIE CASE BECAUSE
JURY PRAYED
A PECULIAR SITUATION
If Juries Would Pray Oftener They
Would Render More Correct Yer.

If Juries Would Pray oftener They
Would Render More Correct Yer
diets.
Richmond, Va, Sept. 28.-A ques-
ton which has been raised in the
case of Henry Clay Beattie, presents
an absolutely novel point in law 1t
is as follows:
4 If it be true, as stated, that the
| jury began their deliberations with
prayer, could the accused have the
verdict set aside and secure a new
trial upon the ground that prayer is
a religious act, and, therefore, an in
vasion of his legal rights, inasmuch
as the jurymen were sworn to rem
der a verdict solely upon the evil
dence in the case?
Washington, D. c., Sept. 28.-The
Washington Herald, which circulates
| largely in Virginia, raised a novel
said yesterday:
| A proposition, which has been ser
iously raised in the Beattie case
and which is condensed into the
above question, is said to be with
out precedent, so far as Washington
| lawyers old recall. While opinions
differ, the consensus of the views OBJ
tanned is that prayer may be regard
ed purely as an act of conscience, no
more illegal when performed audibly
and collectively than when observed
silently and individually by the jury
men. The situation might be chang
ed if it could be shown in any case
that eleven jurors oecrced disagree
ling juryman through prayer. into sur
/ rendering his personal convictions
upon a case. On the other hand. the
point is raised that prayer introduce
Fed an element into the Beattie case
NOT contemplated by the court when
Issuing its final instructions.
eft is absurd" said Mr.. Charles A.
| Douglass, the well known criminal
lawyer, who was identified with. the
Bonine trial, "to hold that any jury
should fail to appeal to God for guild
ance because it feared that such an
act might render it's decision inval-
i'd. In what way would it infringe
upon the rights of a defendant, this
ceremony of prayer before deliber-
alton? The few moments spent on
bended knees would do more than
hours of herangue in preparing the
Jury for it's solemn act. The prayer
would show. the futility of prejudice
and the necessity of verdict rem
dered true to evidence.
Twelve men, heeling and
pledging upon their immortal souls
to bring in a verdict that will fol-
low the evidence, certainly promise
the defendant fairer, cleaner chance
than twelve men arguing feroclousiy'
uuibbling and seeking to harass eacn
other"
No precedent upon which an opin-
/ I,oc f0
the attention of Corporation Coun-
sci E. H. Thomas. He frankly ad-
mitted last night that he had never
heard of any case upon which an ap-
neal based upon prayer had been NJ
/ ed.
| "Mv opinion-and it is purely my
cninion.' he said, "is that such an
appeal would not hold fair force OF
argument because of the impossiblll-
ty of proving that it conf1icted with
! the evidence. A prayer to the Al
mighty could not possibly affect the
evidence in the case"
| Tt is the opinion of Mr.. H H. Glas-
! sic. that the verdict could properly
be set aside upon the question wnlcn
| has been raised.
"The individual act of prayer by
member of jury" said he is an
act which must command tue ioSpoo'
and admiration of court and attor-
news. 1t shows in the mind OF the
iuryman determination to decide
case upon its merits and without
prejudice or malice. This is unques-
tionably within the province OF the
individual jurynlan.
"But when this act becomes cere-
imony performed by body of men
when. after swearing to be guided
bv the evidence the entire body ac-
cepts a ritua1istic appeal as part OF
it's deliberation-an element that Is
not contemplated at law is brought
Into the case, and there is, 1t would
Eseem. fair ground for setting aside
/ the decision.
.sOf course, the question whether
/ or not the verdict should be set
aside is largely discretionary with
the Judge in whose court the trial
lis being held. The question of pray
er before legal deliberations has new
er been completely settled by and de
/ cisien.
cit must be remembered, however
that in the eyes of the law all men
lare equal Suppose the defendant in
the Beattie case had been Budd-
hist. Confuscian, or worshiper OF