... Those trials go still very slowly, only two since I wrote to you;
the men called Curtis and Barnet, both indicted for the attack upon and
burning Nevil's house, and both acquitted; the first without much
hesitation, as there was at least a strong presumption that he went
there either to prevent mischief or at most only as a spectator. The
second was as guilty as Mitchell, who has been condemned, but there were
not sufficient legal proofs against either. The difference in the
verdict arises from the difference of counsel employed in their
respective defences, and chiefly from a different choice of jury.
Mitchell was very poorly defended by Thomas, the member of Senate, who
is young, unexperienced, impudent, and self-conceited. He challenged
(that is to say, rejected, for, you know, the accused person has a right
to reject thirty-five of the jury without assigning any reason) every
inhabitant of Alleghany, and left the case to twelve Quakers (many of
them probably old Tories), on the supposition that Quakers would condemn
no person to death; but he was utterly mistaken. Lewis defended Barnet,
made a very good defence, and got a jury of a different complexion; the
consequence of which was that, although the evidence, pleadings, and
charge took up from eleven o'clock in the forenoon till three o'clock
the next morning, the jury were but fifteen minutes out before they
brought in a verdict of not guilty. Brackenridge says that he would
always choose a jury of Quakers, or at least Episcopalians, in all
common cases, such as murder, rape, etc., but in every possible case of
insurrection, rebellion, and treason, give him Presbyterians on the jury
by all means. I believe there is at least as much truth as wit in the
saying.... I have drawn, at the request of the jury who convicted Philip
Vigel, a petition to the President recommending him as a proper object
of mercy; they have all signed it, but what effect it will have I do not
know, and indeed nobody can form any conjecture whether the persons
convicted will be pardoned or not. It rests solely with the
President....
GALLATIN TO BADOLLET.
PHILADELPHIA, 20th May, 1795.
Public-domain text, read in full here on John Shaqi.
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