Year: 1859

! Jury Service in England.


We take the following account of piquan
scene in the Court Of Queens Bench from
The London Times of late date:


The case of Smith VS.. The Great North
ern Railway Company had ,beenson trial, il
which the plaintiff claimed damages for al
accident alleged to have been occasioned b,
the negligence of ths defendants servants
and Lord Campbell, in summing up. sal,
that the jury would form their owp opinion
whether Or not it was the duty Of the STA
tion-master at Charlton, upon such an awfu
night as that in question-when it thunder.
| ed. lightened, and rained more than ever
had been known within the memory Of the
Oldest inha bitant--to put up the signal OF
"caution,' and whether it was in consequ.
ence Of his want of prudence that the ac-
| cident occurred. The plaintiff was not en-
titled to the verdict unless he proved neg:i-
gence on the part OF the servants Of the
company which involved the injuries from
which he had suffered; and, if the plaintiffs
were entitled to recover, the damages should
be adequate yet moderate.
After ali absence from the court of two
| hours and ten minutes the jury returned. and
the foreman said their verdict was for the
Plaintif--damages, one farthing.


Lord Campbell--l really cannot, in the
discharge of my duty, gentlemen, receive
that verdict. 1t canno, be right. II is i'm.
possible that it can be right. 1t cannot
stand. The Court of Queea,sRspch would
set it aside. If you find for the plaintiff you
are bound to give him reasonable damages
Ii he is not entitled to your verdict you
must say SO. l must beg you WI return to
your chamber. ...-.


Several Jurymen.-There is no chance of
our agreeing. my lord.
Lord Campbel..--I really hope, gentle
men, that, BY consultation, you will agree.
Trial by jury has furnished in England to
tie great benefit of The land in which we
live; but it has been so by reason of jury
men deliberately and calmly consulting each
other, and usually, after that deliberation.
Cunning to conclusion either on one side
or the other. Now, in this case It is quite
clear that you have not dune SO. | must
respectfully tell you that you have not done
wha! the law requires you to do, and must
beg you to Withdraw and deliberate. can
not receive such a verdict. should be
guilty OF dereliction of duty were | to
receive e verdict which is -uhvuesiionabiv
wrong You cannot agree in verdict
which is wrong; but by consultation some
oi you may change the opinion which you
or glnalv had, and unless you deliberate
and try to coH.e 10 just opinion, in which
you a l! concur, it is not possible that the
law can be administered | must request
you to W .thdraw.


The jury then retired second time.


AT halt past five o'clock, alter the lapse
OF further interval of two hours
. Lord Campbell ordered the jury to be
brought into court, and asked them whether
they had agreed upon their verdict.


The Foreman.--My lord, there is no
chance of our coming TO any agreement.


Lord Campbell.--Then l can only order
you TO return to your chamber and deliber-
ate upon it That is what The law requires
and must enforce it.


The Fureman-We have gone over it, my
lord, and we cannot agree rl


Lord CamPbe E.The law d otnding upon
me and you. Though, not to force Your
consciences, you must re urn and be locked
up until you agree.


Juryman-We have agreed.


Lord Campbell, (warmly)-You have
agreed in verdict contrary to law, to JUS
lice, and to common sense, and am as.
tunished at it. No Judge ever sat upun the
bench with greater respect for juries than
have, and the more that have assisted in
the administration Of justice IN conjunction
with jures the more have admired the ad-
mlrable tribunal which they form. 1t does
surprise me to find that gentlemen of your
intelligence will now, after being told that
your verdict cannot be received, and is
verdict contrary to law, Justice, and common
sense, persist in a verdict for the plaintiff,
giving it as your vpinion that there was
negligence on the part of the company,
whereby he suffered severe injuries, and
then cutting him off with farthing. This
is not credita lie. You will .eturn to your
chamber.


A Jurymun--Does your loriship refuse to
receive the verdictl -.--.


Lord Csmpbell-I do refuse to receive it,
as the law requires me. You will return to
your chamber.


The jury withdrew, and. before leaving
the bench, Lord Campbell directed the Of
fcer OF the court to receive any proper ver-
dict, but expressed determination not to
discharge them until the next morning if
:hey persisted in the verdict they had al
ready returned.


At l2 o'clock the Jury were locked up
until morning


At the sitting of the Court the next
morning the Jury again came in, snd npon
being asked whether they had agreed on II
verdict the foreman said they had not.


Lord Campbell aid that in so answering
that they were not agreed the jury had given
a sensible and reasonable answer, such as
the law sanctioned and demanded; bu; with
respect to the answer which they had given
yesterday, "a verdic. TOR the plaintiff,
with one farming damages" that was not a
reasonable answer. and the law would not
sanction it. 1t was quite clenr the jury did
/ not all agree on that verdict, that the plain
tiff had only suffered one iarthine damages.
The plaintiff was a respectable man, had
suffered seriously, and had done nothing TO
hinder him from recovering the damages
which he had sustained. and to which he
was entitled by law. 1t was therefore i'm