Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-06-21
The Daily Story
THE oBL1GING JURYMAN-BY ELLSWORTH TOWNSEND

Copyrighted. 1919. by Associatei Literary Bureau


1t would not he pleaded not guilty.
gave my account or how had trap
ped him, and his victim testified
against him. The accused declared
that he was British subject from
Australia and If his home were not so
far away he could easily prove his re-
spectability. The twelfth Juryman i'm
paneled asked him a few questions
about Australia. which he answered
evidently to the juryman's sausfac-
ton. But this didn't cut any figure
because it didn't matter where he came
from. We had the deadwood 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 TO be called when 7
verdict was reached. He wasn't called.
The jury remained out the rest of
the day and all night. In the mara'nS
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
dence was absolutely convincing and
they must agree. Indeed, they were
given to understand that they must
bring in a verdict or they would be
kept where they were till the crack or
doom. They stood out till about 10
O'Clock the second night, then sent
word that they had come to an agree
oil ~
they filed into court. The judge asked
the customary questions.
Have you arrived at a verdict"
I'VE have, your honor"
do you. find the prisoner guilty or
not guilty of the charger e.
Not guilty"
"Whatw
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 practiced, I
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 1 heard him de-
scending the stairs three steps at n
time.
was convinced that he had imposed
on us all with a view to getting on the
jury, then standing out for an acquittal.
l 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 a respected
that he had been mistaken for some
one else and would not on any account
vote for a conviction. Not until the
others became convinced that the man
was not to be moved did they conclude
to bring in a verdict of not guilty rath-
er 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 were
arrested for confidence work. / went
to the trial for information and look
at the prisoners, since it was my Gus
tom to keep track of the rogues
brought in. The moment l 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
er-would you believe it?-was the
twelfth turyman who had forced his
acQuittal.
Fut this was not all of my surprise.
At the trial Of the two men it came
out that this twelfth juryman, who
was willing to help us out If it didn't
take too long, was none other than
Jerry Wilson. He and the other man,
Tom Murphy nnd other names), had
long worked confidence games togeth-
err. and when his pal was in trouble
Wilson had made himself up for a gen
tleman, had gone into the courtroom to
watch the impaneling of the jury and
in the nick of time had offered himself
to help US out
/ confess that in all my experience
1 never knew a clearer case of one
rogue standing by another. Wilson
ran an awful risk. Had known when
ut iclL lIldL ne Sill
gle handed chung" the jury / should
have kept him in sight. trumped up a
charge against him and held him till I
could find out who he was. That he
feared something of the kind was evil
dent from the haste with which he got
away.
After the conviction OF the two men
(they were sent up for twenty years. /
visited Wilson in Jail, and he told me
much about his operations. He said
that when he played the twelfth jury
man trick he was more afraid of my
getting on to it than any one else, for
l had completely outwltted his pal
with my marked bills. When he saw
me station myself at the courtroom
door to watch the outgoing of the jury
men he thought it was all I'D with
him. The moment he reached the
street he ran like a deer. entered an
alley and was soon beyond capture.
Il June Fl in American