The Mathews journal. (Mathews C.H. [Court House]) 1903-1937, 1912-12-05

structiOnS, arrived at a verdict.
The jury i'm the present case
were then taken back to their
room for further consideration.
The case OF Sidna Allen went
TO the Jury at o'clock yesterday
afternoon, and when the jury re-
ported about II. NJ. that they
could not agree, they were locked
up until this morning, when they
again sought TO reach n verdict.
The second Instructions read
TO the Sidna Allen jury this morn
ing Is Identical with the second
Instructions" denvercd I'm the
Floyd Allen case. These instruc-
lions were excepted 60 by the de-
tense I'm F1oyd's case, but the Viz
ginia Supreme Court last week
held that they were proper.
The second INSTRUCTIONS read.
as follows:
such Is the magnitude or this
case and the Importance of your
duties that i feel that must
send YOU back To- your Jury room
with few words OF caution and
advice.
when n number OF men are
thrown into an Intimate relation
Tor long period OF time with
all their thought and attention
conferred upon one matter. there
Is natural tendency TO take diff
ferent views and positions I'm dis
cussing the matter which they
are called upon TO decide. This
Is not only natural. but Il Is de-
sirabie. If there is to be that
frank Interchange of ideas ncces-
sary TO an intelligent co-opera-
ton and satisfactory concur
renee. but along With this ten
denCy there Is another tendency
OF the human mind which Is 20
fix deep-roOted I'm your own
minds unwarranted opinion I'm
your earnest effort TO convince
Others-a tendency which. IL
yielded TO. Will destroy the very
end YOU have I'm view.
''It Is not your power of per-
suasion. the clearneSs OF your
views, or the Justice OF your indi-
viduaI conclusions. or the firm
ness OF your mind and will which
you are here sworn 10 try and
determine. but the issue OF this
case. which Is the guilt or limo
GENIE OF the accused. and if you
lose sight II that Issue In any
pride of opinion you have done
wrong TO yourself. an unIntendcd
violence TO your solemn ohliga-
ton, and grave Injustice either
TO the Commonwealth or the ac-
Cused.
"When you were selected and
sworn to try this case. the law,
which stands Indifferent between
the parties, repOsed In you the
confidence that you would hear
without prejudice the evidence,
the instructions and the argu-
nlent I'm this case: that You would
deliberate fairly and frankly
with your associates. and I'm alI
honesty earnestly cndeavOr TO
reach a verdict consistent with
your just convictions.
eff you cIothe yourselves with
fixed and settled OPINIONS: n your
mind IL not open Ia fair and frank
consideration OF the honest views
of YOUR associates: IL you are not
willing to give 10 their views the
same consideration which Won ask
or expect them to give 20 yours,
then YOU are installing OhStinacy
for conscientious conviction and
consideration.
'Tet IL not he said that the
confidence which was imposed In
you has been misplaced and viO-
lated. that you Rave fallen short
OF the measure OF n broad and
honest manhood. and that at YOUR
door lies a sad miscarriage Of JUS.
tice either t0 the Commonwealth
or the prisoner.
'I am not ready to believe that
any OF you IL a man who can
deserve SUE n condemnation. II IL
easy To understand that the strain
OF your continued isolation may
have led you to hasty conclusions
taking co your mind tire appear
ance of honest convictions. n
should not. and would not. ex.
press or intimate any opinion as
go the proper verdict I'm this case.
That to left to you. and You alone,
but Is left TO your patient. hon.
est and frank consideration. to
come to a lust and proper con-
clusiOn--nOt to an Issue between
yourselves OF firmness or obsti-
macy.
"NOw. gentlemen. I expect you
Go return to your jury room.
Begin anew among yourselves the
discussion of mis- case. let your
foreman act as the chairman over
your deliberations. Let one man
talk at time I'm due order until
all have been heard. and let him
have the earnest, patient atten-
ton OF the rest. let him sneak
with moderation and with frank-
ness. seeking to discover The truth
rather than TO Impress his OpIn.
ions. When he has finished let
each OF you in turn question him
with courteous honesty as to what
Fas not been made clear or sug-
gest 10 him where you approve
aud can sustain him. II you have
difficulties upon any point make
them known TO your associates.
and ask their friendly help TO
overcome them. IL you differ one
with another. let II be I'm a man
err friendly and frank. not marked
with temper or Irritation. In
other words. meet one another as
brOadmindcd. honest gentlemen.
seeking to help one another 10 a
E-cSer verdict. and from such de-
libPrations n just conclusion must
surely result. let each OF sou
diligently search his mind and
conscience TO see II nc may not
perchance be wrong and ~ YOU
find that II Is so. have the man
hood and the courage TO admit
&C."