Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1913-06-28


consultation with the prisoners at
torney-whom he had assigned to de-
fcnd him-who said that he had little
or no evidence Tor the prisoner and did
not think what he had would require
ten minutes 10 bring II out Upon this
the judge told the obliging juryman
that he was very sure he would have
plenty OF time to make his train.
Tin glad of that. your honor" said
the gentleman. There's nothing l
dread so much as waiting for any
thing. especially for train"
The judges opinion as 10 the period
OF the trial proved quite correct. For
awhile II seemed that 1t would be put
through nj railroad speed The charge
was read 10 the prisoner, and he was
asked 10 plead. He said he was Brit
ish subject and asked II that would
make any difference. When told that
II would not he pleaded not guilty.
gave my account OF how | had trap
ped him. and his victim testified
against him. The accused declared
that he was British subject from
Australia and II his home were not 80
far away he could easily prove his re-
speciality. The twelfth juryman i'm.
panelcd asked him few questions
about Australia. which he answered
evidently to the juryman's satisfac-
ton. But this didn't cut any figure
because II didn't matter where he came
from. We had the dcadwood on him.
We expected the jury to convict him
without leaving their seats. but they
didn't Then we thought they might
be half an hour. but the half hour
passed. and they didn't come back.
The judge went home TO dinner, leav-
ing instructions 10 he called when a
verdict WIS reached He wasn't called.
The Jury remained out the rest of
the day and all night. In the morning
they sent word that they would like to
be discharged since they couldn't
agree This made the judge angry.
and he sent back word that the evil
dencc was absolutely convincing and
they must agree. Indeed, they We're
given to understand that they must
bring in verdict or they would be
kept where they were till the crack OF
doom. They stood out till about 10
O'Clock the second night, then sent
word that they had come TO an agree
ment. The judge was summoned, and
they filed into court The judge asked
the customary questions.
"IIayc you arrived at vcrdictr'
I'VE have. your honor"
do you lind the prisoner guilty or
not guilty of the charger"
Not guilty"
What
Not guilty, your honor"
There was nothing to do In ac-
cordance with the law except TO dis
charge them. Convinced that there
had been some rascality practiccd.
stationed myself at the door and scru-
tinized every man as he went out.
noticed that the twelfth juryman. who
had volunteered led the rest out OF
the courtroom. and | heard him de
scending the stairs three steps ut n
time.
l was convinced that he had imposed
on us all with view 10 getting on the
jury. then standing out for an acquittel.
/ learned that he had told his fellow
jurymen that he had lived In Australia
and had known the prisoner there and
could vouch for his being respected
citizen of Melbourne. He was sure
that he had been mistaken for some
one else and would not on any account
vote for n conviction Not until the
others became convinced that the man
was not TO Ice moved did they conclude
10 bring In verdict of not guilty rath
or than Disagree and subject the state
to the expense OF another trial.
There was no way of holding the
man who had been tried He had been
acquitted of the charge Of which he
was accused and could not be tried
again for that crime. So we made
virtue OF necessity and let him go.
Six months after this two men We're
arrested for confidence work. | went
to the trial for information and look
at the prisoners. since 1t was my Gus
tom to keep track OF the rogues
brought In. The moment ! looked at
the prisoners recognized both of
them. One was the man who had
swlndled the farmer and whom ! had
supposed to be Jerry Wilson. The 9th
would you believe it?-was the
twelfth juryman who had forced his
acquittal.
But this was not all OF my surprise.
At the trial Of the two men II came
out that this twelfth juryman. who
was willing 10 help us out II IL didn't
take too long. was none other than
Jerry Wilson. He and the other man.
Tom Murphy (and other namesl. had
long worked confidence games togeth.
er. and when his pal was I'm trouble
Wilson had made himself up for a gen
tleman. had gone into the courtroom To-
watch the impaneling OF the jury and