Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-01-03
alistellanruus &sadins.
MURDERER, THE JURY FOREMAN.
Reason For Verdict of Acquittal In the
Face of STRONGEST Testimony,

In the year lI25 man named VIII
liam Harper was placed on trial in
Essex county. England, for the muir
der of Samuel Carman. His reputa-
ton previous TO this charge had been
that of an honest, industrious man,
temperate in his habits, kind in dis
position and truthful in character.
The facts developed by the witnesses
on the trial showed that neighbor
in passing a field discovered the body
of the murdered man, who had evil
IDENTIFY come to his death of wounds
inflicted by the prongs of spading
fork A fork of that description,
with blood upon it, was found lying
upon the ground beside the corpse,
with the initials wv. H" cut on the
handle, and was subsequently identi-
fed as belonging to Harper. Tracks
were also found about the murdered
man unquestionably made by Harper's
boots, and it was further shown that
some time previously there had been
considerable i'll feeling between the
accused and the deceased. Early in
the morning of the day of the mur-
der the accused was dressed in a GER
tain suit of light clothes, but when
arrested a few hours later he was at
tired in black. He denied having
changed his garments, but upon
search of his house the missing suit,
all bespattered with blood. was found
hidden away in the interior of straw
bed
| The accused brought no witnesses
into court, and when asked by the
judge what testimony he proposed to
offer he replied that he had no wit
| neSseS but God and his own con-
science!"
On being questioned he made the
following explanation:
| He said that he owned a field ad-
Joining that in which the body was
found. On the fatal morning he
went early to his work, and in pass
! ing through the field he saw a man
lying near the path as if dead or
drunk, and folt himself bound to see
what the mans co3dition really was
and to offer him succor if he should
stand in need OF it. On examipation
he found him in a dying condition,
with two frightful wounds in his
breast, from which a large quantity
of blood was discharged. He carefully
raised the wounded man and earnestly
endeavored to learn from him the
name Of his assailant. The dying;
man attempted to speak. but the
words died in a horrid rattle, the
blood gushed from his mouth and he
! fell backward dead.
lA g.IT oil i
death, he said, was indescrbable He
no sooneF found himself alone with
the dead than he thought of the al
tercation which had taEen place be-
tWeen them, and the feag that he
might bs accused of the murder tgGk.
entire pessessisa Of him. In his ter
ror he ran away, tt0ughtlessly taking
with him the dead mans spadiHg fork
and leaving behind his own, YpGE the
handle of which the initials Of Ris|
name were carved. His clothes, bel
found, were besmeared with blood,
and he changed and secreted them,
that they might not be evidence
against him, so great was his fear of
This story the sccysed told with
every appearance Of candor, aGd with
the most solemn appeals to heaven 10
witness the truth VI every word he had
uttered. True. he said, be had pre-
viouSly denied all knowledge Of the
affair, and particularly deRiea thei
changing of his clothing; but it was
not guilt, but very natural desire 10
avoid an admission which would be
considered Incompatible with his in
nocence. Falsehood, he said, had
only confirmed the suspicious against
him, and every effort he had made
to conceal his innocent connection
with the affair had only deepened the
general conviction of his guilt; but
now he spoke the truth. OF course,
he was not believed.
This was all the prisoners defense, |
and the judge submitted the case to
the jury, making very strong charge !
against the accused. He pathetically |
enlarged on the atrocitY Of the crime, |
and laid no little stress on the cifcum- |
stantial proof OF guilt. notwithstand |
ing the prisoners reservations of in |
nocence. The accused, he said. had |
indeed cooked up a plausible story, |
but in doing so he had admitted that
he had previously lied, and thus i'm
peached his own statement. He
charged the jury TO pay no attention
TO that statement, but proceed to de-
liberate only on the sworn testimony,
intimating that they might find a YER
dict without leaving their seats.
Upor this, the foreman Of the jury, |
Edward Fem, arose and suggested to
the judge that as this was case of
life and death, they wsBld prefer to
retire for consultation, and hey were
accordingly locked in.
1t was about o'clock in the after [
noon when the Jury went out, and, as
the case was plain, no difficulty was
apprehended in arriving at a verdict,
SO the court concluded 10 sir urtil they
returned,
Hour after hour passed, and nothing |
was heard from the jury. At o'clock
the judges patience was exhausted,
and he dispatched an officer for in
formation concerning the cause of the
delay.
The messenger soon returned and
privately informed the Judge that IL |
OF the jury had been for conviction |
from the first, but the foreman stub
bornly refused TO acquiesce, and in
sisted. in the face of all the evidence, |
that the accused was not guilty.
Mr. Fem was q man of strong mind |
and much persuasive power, while his
associates were endowed with these
qualities to a less degree than usual. |
They also became alarmed az the |
prospect OF being kept in the jury
room all night. unless a verdict was
reached. and Hnally yielded, went IN |
to court. and, through the foreman,
rendered a verdict Of mot guilty
The judge made no attempt to c9ns
ceal his surprise and disgust at a Yer-
dict so contrary to the testimony in |
the case, and after giving the jury |
severe reprimand, refused TO have the |
verdict recorded, and sent them back |
TO their room. The night was spent
in endeavoring to convince the fore
man, but no impression was made.
When morning came, the weary men
saw no escape from their unpleasant |
position but in agreeing. and again |
determined upon verdict of not
guilty. and pledged themselves to ad-
here to it, whatever the judge might
say or think concerning IL.
The Judge. as expected, was exceed
ingly indignant at the finding, but he
was pOwerless to change it, and the
accused was discharged.
The conduct Of the foreman was
soon fully known TO the court. and
- y. riC aH ia ,SiN1 ma