It is in vain for the judge, let him be ever so rigid in his charge,
to tell them that their province is simply with certain facts, on which
they have to pronounce an opinion of yea or nay. They must be jurymen,
and “something more.” It's not every day Mr. Sniggins, of Pimlico, is
called upon to keep company with a chief-justice and sergeant learned in
the law--Popkins don't leave his shop once a week to discuss Coke upon
Littleton with an attorney-general. No: the event to them is a great
one--there they sit, fawned on, and flattered by counsel on both
sides--called impartial and intelligent, and all that--and while every
impertinence the law encourages has been bandied about the body of the
court, _they_ remain to be lauded and praised by all parties, for they
have a verdict in their power, and when it comes--what a thing it is!
There is a well-known story of an English nobleman, desiring to remain
_incog_. in Calais, telling his negro servant--“If any one ask who I am,
Sambo, mind you say, 'a Frenchman.'” Sambo carried out the instruction
by saying--“My massa a Frenchman, and so am I.” This anecdote exactly
exemplifies a verdict of a jury--it cannot stop short at sense, but
must, by one fatal plunge, involve its decision in absurdity.
Hear what lately happened in the north of Ireland. A man was tried
and found guilty of murder--the case admitted no doubt--the act was a
cold-blooded, deliberate assassination, committed by a soldier on his
sergeant, in the presence of many witnesses. The trial proceeded; the
facts were proved; and--I quote the local newspaper--
“The jury retired, and were shut up when the judge left the court,
at half-past seven. At nine, his lordship returned to court, when the
foreman of the jury intimated that they had agreed. They were then
called into court, and having answered to their names, returned a
verdict of guilty, but recommended the prisoner to mercy upon account of
the close intimacy that existed between the parties at the time of the
occurrence.”
Now, what ever equalled this? When the jury who tried Madame Laffarge
for the murder of her husband, returned a verdict of guilty, with that
recommendation to mercy which is implied by the words “des circumstances
atténuantes,” Alphonse Karr pronounced the “extenuating circumstances,”
to be the fact, that she always mixed gum with the arsenic, and never
gave him his poison “neat.”
But even _they_ never thought of carrying out their humanity farther by
employing the Belfast plea, that she had been “intimate with him” before
she killed him. No, it was reserved for our canny northerns to find out
this new secret of criminal jurisprudence, and to show the world
that there is a deep philosophy in the vulgar expression, a blood
relation--meaning thereby that degree of allianceship which admits of
butchery, and makes killing no murder; for if intimacy be a ground of
mercy, what must be friendship, what brotherhood, or paternity?
Public-domain text, read in full here on John Shaqi.
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