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.