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27 May 1808
I will get myself put upon the Jury — I will go with my comrades
into the withdrawing chamber, and then be the evidence what it will
may, they shall stay, till
I have brought men to concurr with me in a verdict of
not guilty. - and so says the story he died:
the particulars being afterwards confessed by him on his death-bed.
Supposing this true, what does it prove? - that when a man is determined
upon it, it is in his power to make his way into the Jury-box: and
when he is there, that it is in the power of any man who in any shape
is actuated by a strong interest to command the of eleven men who by
the are without interest, needs no proof.
In this state of things, verdicts contrary to the clearest evidence
neither naturally can be nor actually are infrequent are not
infrequent: indeed so far are
they from being so, that when they do occurr, no mention
is produced by them. How should it be? The very object of the
arraignment is to produce perjury: in the effect what is there that should
call
In cases not penal the mischief is not altogether without
remedy. For when purse and perseverance suffice to demand it, new trial is
sometimes granted.
But in penalcases and especially in capital new trial is either
altogether unobtainable, unexampled prohibited by practice
or extremely rare. False ju verdict
To the prejudice of the defendants side false verdict might find
a remedy, is capable of finding a cure or at least a palliative
in pardon: but to the prejudice of the plaintiff's side, that is to the
prejudice of public security, violent and false false
judgment are altogether without remedy.
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