Detroit evening times. (Detroit, Mich) 1921-1958, 1943-04-11

h IOwADAYs the life of juror is nothing like that
III On the contrary the courts to It that the
! Y weighcrs Of accused mans fate made ex
ceedingly comfortable.
In the Enrol Flynn case for instance when the Jury
locked up, the newspapers told how they began
their deliberations by having tHohour de luxe lunch at
the fashionable hotel where they confined And Tho
nine and three took the amount Of time
that night "A leisurey dinner
But how many jurors in the of their royal treat
by the state partakc of what the calls ardent
spirits everything from hard liquor wine and beer?
II is far from dry subject and there have been
merabe which solcmnly discuss the extent which
John Barleycorn may be OF assistance arriving at
verdict if any but has popped up recent years
For eyeopener let's take the Of Clarence Gray
who convicted Of murder Redwood City. California
He appealed his argument that the jurors
lodged the fremont House the following
during the eight days trial fvegallon kegs
beer which was kept on tap daily; two-galon demijohn
of wine three bottles of carct wine and lot Of whskey
Several of them with whiskey TASKS
Grays argument that the jury lit than
lightened by the testimony
The six justices Of the Supreme Court Of California
declared sheriff duty bound under the TO
provide the jury with suitable and sufficient food" but
amount Of legal har-sptng could bring all that
liquid stuff within such definition and ordered new trial
The State of Iowa has the stringent and
times many any other State.
A fellow by the Of Badly tried
victed Of adultery While the jury celebrating his
fate one Of the jurors in charge Of the ba went
the street TO grocery store TO buy tobacco and
while there he drank glass Of beer ale and immed
ately returned to the jury room.
The Supreme Court Of Iowa the verdict point
ing out that the defendant entitled to the and
dspassonate' judgment Of the jury and that he didn't
have it because Of that solitary this juror
In subsequent decisions IoUa's highest always
took the position that could tell what extent
drink might affect the mind and passions Of
Juror-no Psychologist" and that the only safe
thing 10 do 10 grant trial
Maine waS the state that could eye to eye
with Iowa. Typical Of Names approach the in
which the jury while celebrating. had procured quart
rum, bottle of gin. behring's apples and cheese"
When the jurors in with their verdict nothing
left but little gin The defendant argued that he
had the "uncloudod mind and calm judgment Of the jury
The high Of Maine pointed that the refresh
ments given TO the jury time when members
somewhat fatgued and exhausted by their abors'
and while it true jury drinking not 20 be
couraged yet there proof that the ardent spirits
impaired the jurys reasoning powers or infamed
passions and therefore did not interfere with the verdict
Kentucky more liberal in a that came
before Appeals in 1918 The eight justices
declared THE occasional taking Intoxicating spirits
moderate quantity by jurors has held as mis-
behavior authorizing the granting Of a trial
In that case it shown that Rufus Wilson, who
was a candidate sheriff, gave several Jurors
tanned quart of whsky which he passed around
fellows. In addition, Of them, Clint Yearry proven
to have been intoxicated evening during adjourn
mcnt of court night. still 1t alleged
Smith who charged affidavit that Clint had made
an Indecent proposal TO her.
Clint denied this On the question OF his being drunk
the held that it didn't happen while he listening
any testimony And what happened between him and
Maggie Smith the court said Whether he guilty Of
the conduct attributed 20 him by Maggie Smith
unable say but If IL does not appear that
such would any influence prejudcal TO the appel
lants cause The court ruled out those grounds
ing a reversal
At what point a man drunk has always baffIod
judges but not poets Here's the definition of Thomas
Love Peacock:
Not drunk is he who from the floor
Can rise alone and still drink more;
But drunk is lie who PROSTATE lies
without the power 10 drink rise"