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Updated: June 29, 2025
I have often heard, from men accustomed to courts of law, that nothing is more marvellous, than the sudden change in a jury's mind, which the summing up of the Judge can produce; and in the present instance it was like magic. That fatal look of a common intelligence, of a common assent, was exchanged among the doomers of the prisoner's life and death as the Judge concluded.
I can't make out," he went on, with the querulousness of an invalid, "why you should have come up just to talk such nonsense. The coroner and the jury are sure to have been right." "Well, you see, it was not the coroner's business nor the jury's business, to know better than the medical officer for the district, on whose evidence they relied.
One of the bailiffs sighted some of the escaping jurors and opened fire; the other hastened to alarm the court. The latter, running toward the house, met the judge and counsel who had been roused by the firing, and yelled out: "Jedge, the hull jury's stampeded! Bill's winged two o' them. Gi' me a fast hoss an' a lariat an' mebbe so I'll cotch some more."
He took the oath with a fierce enthusiasm that woke the jury a little, and he answered his own lawyer's questions with a fervor that stirred a hope in the jury's heart, a sorely wrung heart it was, for its pity for Charity was at war with its pity for Kedzie, and its admiration for Jim Dyckman, who was plainly a gentleman and a good sport even if he had gone wrong, could only express itself by punishing Kedzie, whose large eyes and sweet mouth the jury could not ignore or resist.
In the long, legal phraseology of the jury's report was the recommendation that this important subject be the first for inquiry by the next grand inquisitorial body to be convened, and the threat still remained. But before the two men were now realities which were worse even than threats, and Harry turned from his staging late one afternoon to voice the most important.
Breathless was the interest with which the jury's verdict was awaited. The judge charged that the law was in favor of the parsons and that the king's order must be obeyed, but they had the right to decide on the amount of damages. They were not long in deciding, and their verdict was the astounding one of one penny damages. The crowd was now beyond control.
The jury's action must have been due either to a wilful disregard of their oath or an entire misconception of it. Assuming that the jury deliberately declined to obey the law, the whole twelve elected to become, and thereby did become, lawbreakers. They disqualified themselves forever as talesmen. No prosecutor in his senses would move a case before a jury which numbered any one of them.
In going over the evidence, his lordship said he could have wished that Mrs. Byrne, the schoolmistress, had given timely notice to the police of what she had heard as to the resolution to fire the chapel, as that would have been a better course than quitting the chapel. The jury's verdict would surprise any unprejudiced reader who studies the evidence.
There was, indeed, only one point of any significance from the jury's point of view, and that they put on one side, if they considered it at all; the body was pressed into the mud. The Coroner asked a few questions about this fact. Was the mud very soft? Yes, very soft, liquid on top. How was the body lying? Face downwards. What part of the body was deepest in the mud? The chest.
If these men were saved from execution, owing to any foolish scruples about hanging a possibly nay, probably innocent man along with them, a shout of rage would ascend from that virtuous nation amongst whom Charlotte Winsor, the professional infant-murderess, walks a free woman, notwithstanding a jury's verdict of wilful murder and a judge's sentence of death.
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