Verdict

“ Even if the paraphernalia of justice,—the judge, and the jury, and the lawyers, could be induced to declare her innocent before all men, must she not confess her guilt to him,—to that one,—for whose verdict alone she cared? ”

“ Well, 'tis true you seem made after such a prescription;
But it does not do justice, as I can assure ye.
I'll remand you till eve, when assemble the jury,
And then if this gown that I've bought you'll appear in,
The verdict of guilty I'm certain of hearing:
For all of your guests will of envy be dying,—
The women, because you their charms are out-vieing;
The men, 'cause I've won you while vain they were trying. ”

“ When the jury files in to deliver a verdict after weeks of direct and cross examinations, hot clashes of lawyers and cool decisions of the judge, There are points of high silence—twiddling of thumbs is at an end—bailiffs near cuspidors take fresh chews of tobacco and wait—and the clock has a chance for its ticking to be heard. ”

“ When they are ready, the judge will ask them, ‘Gentlemen, are you agreed upon a verdict?’ and the foreman will say, ‘Yes.’ Then the judge will ask, ‘Is the prisoner at the bar guilty, or not guilty?’ and the foreman will say, according as they have decided, ‘Guilty,’ or ‘Not guilty;’ and that answer is the verdict.’
“‘And then he will be hung!’ said Sue.
“‘If they find he is guilty, he will; but they don’t condemn him; that’s the judge’s business. The jury only decide what is the truth.’
“‘Why must they have so many men to do that? ”

“ A growl from the crowd, almost like that of a beast stirring its lair, then a quick cessation of all hubbub as every one turned to the judge to whose one-sided charge they attributed this release.
Again he was a changed man. With the delivery of this verdict he had regained his natural poise, and never had he looked more authoritative or more pre-eminently the dominating spirit of the court than in the few following moments in which he expressed the thanks of the court to the jury and dismissed the prisoner. ”

“ Why one part of the witnesses so infamous and in every way so suspicious? Why the strange and oscillating conduct of the Judge in varying his charges to the Jury at different stages of progress? Why, contrary to all modern usage, hold confined the jury for six long days and nights with an express and determined resolve not to release when there appeared to be no prospect of an agreement on a verdict? Why so many cunning inlets to and tampering with parts of the jury? ”

“ If, after the recent scandalous proceedings in another court, you, as a special jury in this High Court of Justice, bring in a verdict of Guilty against me and my co-defendant, you will decisively inaugurate a new era of persecution, in which no advantage can accrue to truth or morality, but in which fierce passions will be kindled, oppression and resistance matched against each other, and the land perhaps disgraced with violence and stained with blood. ”

“ Clerk, you will enter a verdict of not guilty.”
A deep hum of surprise ran round the expectant court. Every mouth opened wide, and drew a long hushed breath. Senior counsel for the Crown jumped to his feet astonished. “But why, my lord?” he asked tartly, thus baulked of his success. “On what ground does your lordship decide to override the plain verdict of the jury?” ”

“ REC. Gentlemen, you shall not be dismist till we have a Verdict, that the Court will accept; and you shall be lock'd up, without Meat, Drink, Fire, and Tobacco; you shall not think thus to abuse the Court; we will have a Verdict, by the help of God, or you shall starve for it.
PEN. My Jury, who are my Judges, ought not to be thus menaced; their Verdict should be free, and not compelled; the Bench ought to wait upon them, but not forestall them. I do desire that Justice may be done me, and that the Arbitrary Resolves of the Bench may not be made the Measure of my Jury's Verdict. ”

“ By an honest verdict I mean a verdict in accordance with the testimony and in accordance with the law, a verdict that is a true and honest transcript of each juror's mind, a verdict that is the honest result of this evidence. Whoever takes into consideration the desire, or the supposed desire, of the outside public is bribed. Whoever finds a verdict to please power, whoever violates his conscience that he may be in accord, or in supposed accord, with an administration or with the Government, is bribed. Whoever finds a verdict that he may increase his own reputation is bribed. ”

“ They hear patiently the evidence on both sides; and in addition to the light derivable from their own intelligence, they have the directing charge of the judge, who tells them wherein the question for their decision lies, what are the circumstances of which they are to take cognizance, and by what features of the case their verdict is to be guided. Yet look at the working of this much-boasted privilege. One jury brings in a verdict so contrary to all reason and justice, that they are sent back to reconsider it by the judge ”

“ But, and this is another difference between the real and the ideal in the jury system, we have in a large number of cases the more extraordinary spectacle of a jury solemnly sitting though a trial for the purpose of listening to the evidence and forming their own opinion as to the guilt or innocence of the accused, and then being instructed by the court as to the verdict they shall find. It is, as every one knows, the most common of occurrences for the judge to lecture the jury upon their verdict and to refuse to receive it. ”

“ That protection of the law had been thrown around the men on trial to see that they should have a fair hearing, and that the jury should render a fair verdict. All evidence that was not competent had been excluded, and, wherever a question of doubt had arisen, His Honor, the judge, exercising his natural instincts of mercy, had solved that doubt for the benefit of the accused. ”

“ But, my Lord, (says Junius) since Judges have laboured, and not unsuccessfully, to destroy the substance of the trial, why should they suffer the form of the verdict to remain [3] ? Why force twelve honest men, in palpable violation of their oaths, to pronounce their fellow-subject a guilty man, when, almost at the same moment, they are forbidden to enquire into the only circumstance which, in the eye of law and reason, constitutes guilt—the malignity or innocence of his intentions? ”

“ By admitting that a Jury have a right to find a general verdict, they admit them, to all intents and purposes, to be judges of guilt, or no guilt, according to the charge of which a man is indicted, and which, if not made out in evidence, must with them, and them only, fall to the ground. ”

“ But we desire to add that, if there be evidence on which reasonable men could find a verdict of guilty, the determination of the guilt or innocence of the prisoner is a matter for the jury, and for them alone. ”

“ We should be astonished at the shrewdness of the small juries that deliberate, and the insight of the judges that pronounce sentence upon us, and we should be convinced that to obtain a favourable verdict we needed very little subtlety, and not too much theory, but as much as possible of the very things we look for as the result and crown of our work. ”

“ The magistrates and their friends have the strongest motives for finding a true bill against me—and they have motives equally powerful for desiring that your verdict should be 'guilty,' inasmuch as that verdict will justify all these 'irregularities'—all the 'unnecessary harshness'—will remove from their shoulders all the responsibility which they incurred by the course they have pursued towards me. Bear in mind, gentlemen of the jury, if the rights are to be enjoyed about which we so much glorify ourselves, cases of this kind must not be allowed to pass unnoticed. ”

“ If a jury consent, at the dictation of the court, as to either law or evidence, to render a verdict, on the strength of which they have reason to believe that a man's property will be taken from him and given to another, against their own notions of justice, they make themselves morally responsible for the wrong. ”

“ Many of your jurors may have a strong suspicion, at least, that the verdict should be in some respects different from that which is actually returned. When no verdict has been given in, the public are aware that there was a difference of opinion amongst the jury; but when they do deliver a verdict, it cannot be concluded, in every case, that there was even ultimately an unanimity. We think it better that every man should be left free, after having heard the opinions of others, and consulted with them, to declare what was his own ultimate conviction. ”

“ If they verily believe that the overt acts charged in the indictment did not amount to treason, they could not without a surrender of their consciences into the hands of the Court, without a flagrant violation of all that is dear and sacred to man, bring in a verdict of guilty. I repeat that in such a case the jury are not only the sole judges of the law, but that where their verdict is favorable to the prisoner, they are the judges without appeal. In civil cases, indeed, the verdict may be set aside and a new trial granted ”

“ For the first time juries have disagreed, and chances are already slightly against a verdict of Guilty. Now the jury is the hand by which the enemy grasps us, and when we have absolutely secured the twelfth man we shall have amputated the thumb. ”

“ It is universally conceded that a verdict of acquittal, although rendered against the instructions of the judge, is final, and cannot be set aside; and, consequently, that the jury have the legal power to decide for themselves the law involved in the general issue of guilty or not guilty. ”

“ If the facts which would be laid before them, should produce in their minds a conviction of the guilt of the prisoners, he was sure that they would, without hesitation, pronounce a verdict which would consign some, if not all of them, to a certain, speedy, and ignominious death; and he was equally sure, that if an opposite conviction was the result of the evidence, the jury would at once acquit the prisoners at the bar. ”

“ And if the Jury bring in another Verdict contradictory to this, I affirm they are perjur'd Men in Law. And looking upon the Jury, said, You are Englishmen, mind your Privilege, give not away your Right.
BUSH. &c. Nor will we ever do it.
OBSER. One of the Jury-men pleaded Indisposition of Body, and therefore desired to be dismist.
MAY. You are as strong as any of them; starve with them; and hold your Principles.
REC. Gentlemen, You must be contented with your hard Fate, let your Patience overcome it; for the Court is resolved to have a Verdict, and that before you can be dismist. ”

“ MEAD. How! is Not guilty no Verdict?
REC. No, 'tis no Verdict.
PEN. I affirm, that the Consent of a Jury is a Verdict in Law; and if William Mead be Not guilty, it consequently follows, that I am clear, since you have indicted us of a Conspiracy, and I could not possibly conspire alone.
OBSER. There were many Passages, that could not be taken, which past between the Jury and the Court. The Jury went up again, having received a fresh Charge from the Bench, if possible to extort an unjust Verdict. ”

“ The Attorney-General then rose, and thus proceeded to address the court and jury:—“May it please your lordships, gentlemen of the jury; In the discharge of my official duty, I have the honour of attending here to conduct this important prosecution. I hope you will believe that my only object is, that the facts of the case may be fairly laid before you; that truth may be fully investigated; that innocence may be vindicated, if innocence be found to exist; and that you will only pronounce the verdict of guilty upon clear and convincing proof. ”

“ On the issue of punishment the jury was charged:
'You must not be influenced by any consideration of sympathy or prejudice. It is your duty to carefully weigh the evidence, to decide all disputed questions of fact, to apply the instructions of the court to your findings, and to render your verdict accordingly. In fulfilling your duty, your efforts must be to arrive at a just verdict. ”

“ I am very much obliged to you all for the attentive consideration you have devoted to my case, and as I know you are about to return a verdict of guilty (here the jury bowed) , which will probably be followed by a sentence of penal servitude for life from my lord up there (here the learned Judge bowed) , why, the best thing I can do is to make another change in my condition with all possible haste. ”

“ By that intelligent safeguard of our liberties, the jury, the second trial was only regarded as an aggravated case of persecution, on my part, and the verdict was given more cheerfully in favor of the plaintiff than on the former occasion. ”

“ To-day it is the stranger who is on trial. To-morrow it may be someone who is near and dear to you. If such misfortune should come, then you will fully realize what a wonderful blessing it is that under our Constitution everyone is assured of a fair trial, that a person can only be tried for the specific offense stated in the indictment, and that a verdict [pg 120] of guilty can only be rendered when the evidence is strong enough to convince the jury of guilt beyond a reasonable doubt. ”

“ In regard to all questions which come under the decision of the law, there are, in fact, two juries who decide upon the merits of the evidence--one, selected from our fellow men--the other in the bosom of the parties before which each man shall scrupulously try the justice of his own cause, and if the verdict be against him, should look upon himself but as an officer to carry the verdict into execution. ”

“ There can be no reason why we should attempt to go beyond the verdict of a jury. But should he be found guilty, I think we ought to be ready with such steps as it will be becoming for us to take at the expiration of any sentence which may be pronounced. ”