Year: 1859

A LETTER FROM ONE OF THE JURYMEN ON


THE 100000 BREACH OF PROMISE CASE.


To the Editor Of The Euening Ne,os.-S. Louis,
June 6.-ln your edition of Friday last YOU were
rather severe in your comments on the verdict in
the case OF Carstang vs. Shaw, and attributed mo-
tves to the jury which l. as one of them and for
myself, cannot leave pass unchallenged. | feel that
owe 1t to myself, as well as to the community, to
explain the motives which induced me to give my
assent to the verdict, and if possible to clear my
sell from the charge of red republicanism and ag-
rarianism, which you were kind and gentlemanly
enough 10 charge me, in common with the rest of
the jury, with. Nor, sir, allow me to say that
those motives you charge were the farthest from
my thoughts. felt while on the jury as | feel
now, and trust shall always feel-tfat would 90
as far as the law would permit me in defending yr-
tue or In punlshing crime. All of the parties
connected with the suit, the principals as
well as those gentlemen so often alluded to
were not only total strangers to me, but i
had never heard of any of their regulations, and
never OF the existence of the suit until the day |
was called on as one of the regular jurors for that
week to serve on the case, which | thought was a
duty had to perform, but which, | can assure
you, at the time regretted very much Not hav.
ing anything to guide my Judgment but the evil
dence before the jury, had to come to the conclu-
sion that the defendant had not only broken a con-
tract with the plaintiff, but had made miserable
attempt to blast the character of a woman who
Judging from the evidence) considered virtuous;
but, although that attempt did excite me against
the defendant, | will only dwell on the point from
which l viewed the case. And here, let me say,
did not think then that there were any lacerated
ieeiings; Tor am not romantic enough to imagine
that there could be any affinity, between even "Sep
TENDER and January" | have ALWAYS thought that
before woman could bring such case into court,
she would have to leave her feelings at home.
lhe contract being, as | thought, proven conclu-
slvely, and the plaintiffs character being (as |
said before) proven to be good, l looked on
1t as would on any civil contract, and made up my
mind by asking myself what the plaintiff had lost II
DecunlarIlVO nv dafa dap f,lf
contract, or, IN other words, by his not marrying
her. | contend she lost one-third interest in his
property; but you may say the consideration to be
given by her entirely disproportonate to that
to be received Grant it; the law believe, would
allow her that interest, and if he saw fit to make
the contract, (giving him credit for knowing the
law, and having good sense-at least he is old
enough) do not think we ought to find fault with
him for doing so, nor he with us for making him
pay the penalty for the non-uhlment of a contract
win, as lar as the evidence proves, a vrtuous and
honest woman. | ask, what is a contract worth
Tor In that light viewed, and shall always view
such case when brought into a court of iustice -
Ii have erred it an error of Judgment. and
not caused by any agrarian or red republican ten
denotes.


In conclusion, allow me to say that iudpinp from
what have heard since the conclusion of the trial
am free to confess that have not only been bad
~ SOLD, but that have helped to render an unjust
verdict. Unjust, not on account of the amount
(for here let me express it as my humble opinion
that were she justly entitled to one cent she was
entitled to ll)-not only account of her loss of
interest in his property, but also on account of
their attempt and utter failure to blast her charac
ter The whole blame, charge, rests with the
defence, in not proving (nstead of insinuating)
that people had regulations, and in not using some
little of the evidence that understand was at their
command |, being entirely ignorant, as said be-
lore, OF the reputation of any of the parties, felt
indignant that their regulations should as it we're
be stabbed in the dark. | can admire a bold and
manly style of attack, which STYLE think, the de-
fence entirely ignored In this assertion, those
who heard the trial through, and knew more than
Dear me out w. n. MACQUEEN.