 The process of selecting a third jury consumed a year and a half. During the delay, Desha attempted suicide by cutting his throat and severed his windpipe. Doctors used a silver tube to repair his windpipe, and Desha survived. On the last day of the court's term in June 1827, the judge announced another continuance, since the court had not yet empaneled a jury. Governor Desha stood and produced a pardon for his son. Although legend holds that Governor Desha resigned immediately after issuing the pardon, records show that he served out the rest of his term. The pardon damaged the governor's reputation and that of the Relief Party, which lost a number of legislative seats in the subsequent elections.
