Dropped stitches in Tennessee history — John Shaqi
Dropped stitches in Tennessee historyAllison, John
History
Dropped stitches in Tennessee history
Allison, John
Jackson, Andrew, 1767-1845 -- Homes and haunts -- Tennessee; Tennessee -- History
Tradition in that country gave Judge McCay the character of a heartless
tyrant. He was said, while judge, to have always been on one side or
the other of suits tried before him; and he never failed to let it be
known which side he was on. He frequently indulged in lecturing, not
to say abusing, juries publicly, when they returned verdicts contrary
to his wishes and instructions. But “the Honl. Spruce McCay Esqr”
found his match in the juries. They could not be driven or intimidated
into giving verdicts contrary to their convictions; and whenever they
differed with the judge--and they always knew his views--in a case of
weight or serious results, they would deliberately disperse, go to
their homes, and not return any more during that term of court. In
a case styled “State vs. Taylor,” the record shows that the jury was
sworn and the defendant put on “Tryal.” Nothing more appears except the
following significant entry: “State vs. Taylor. The jury having failed
to come back into court, it is therefore a mistrial.”
Judge McCay may only have been, as has been said of him, “a man of
strong character, determined and fearless in discharging his duty”--but
so were the juries in that county, as the records show.
At the May term, 1783, there was made an entry, which, when taken in
connection with one which will be given immediately after it, will show
how wisely these pioneers judged of men, and how necessary, sometimes,
it was for them to take measures which at the time appeared harsh and
cruel. The first entry is as follows:
On petition of Lewis & Elias Pybourn that they who is at this time
Lying out and keep themselves Secreted from Justice that the Court
would permit them to Return to their Respective Houses and places
of abode and Them the said Lewis & Elias Pybourn to give bond
and sufficient Security for their Good behavior &c. The Court on
consideration of the matter do Grant and Give Leave unto said Elias &
Lewis Pybourn to Return accordingly on their giving bond & approved
security to Capt. John Newman for their Good behavior &c.
A final entry, made in the “Superior Court of Law and Equity” at
Jonesboro, seven years later--at the August term, 1790--in the case of
the “State of North Carolina Against Elias Pybourn for Horse Stealing,”
justifies the members of the Court of Pleas and Quarter Sessions in
having required Elias Pybourn to give security for his future good
behavior. The full entry is as follows:
Public-domain text, read in full here on John Shaqi.
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