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Updated: May 8, 2025


"The case is closed, Your Honor," he replied. "I will consent to a mistrial and offer a plea of guilty of manslaughter. I cannot agree to reopen the case. I cannot let the defendant go upon the stand." The spectators and reporters were pressing forward to the bar, anxious lest they should lose a single word of the colloquy.

He is willing to have the case declared a mistrial and start anew; he knows it will take a long time for the trial to come up again. It has been a dull grilling proceeding, but he does not care so long as there is a chance of postponing the judgment against him. It is on the whole better and easier to put it off.

Juries may be drawn, and trials may be had, but the juries are usually white, and are also influenced in their verdicts by that sentiment which declares that "this is a white man's government," and a mistrial follows.

This new evidence must be weighed and sifted with calm minds. I request that you declare a mistrial, and that " A still more dramatic surprise awaited Mr. Pascoe and the court. Toward the end of the telling of Colina's painful tale Gordon Strange had been forgotten by all in the room except the policeman detailed to watch him.

It is for this reason that when the lawyer keeps on asking objectionable questions, the judge will sometimes declare a mistrial or allow one side to withdraw a juror, which is only a polite way of saying that the present jury in the particular case can not be fair. Here arises one of the prettiest dilemmas of the law on the trial of a case.

Some of the State Governors have made some demonstration by way of threats of enforcing the law against those who organize mobs and take the law into their own hands; and some of the mob murderers have been brought to trial, which in most cases, has resulted in an acquittal for the reason that juries have as aforestated, chosen to obey public sentiment, which is not in favor of punishing white men for lynching Negroes, rather than obey the law; and cases against the election laws and for molesting United States officials have to be tried in the district where these offences occur, and the juries being in sympathy with the criminals, usually acquit, or there is a mistrial because they cannot all agree.

And he let his Attorney General pooh-pooh the proceedings, this in face of the great popular excitement and enthusiasm. It was not until Roebuck's lawyers got far enough into the case against him to see his danger that the administration stopped flying in the teeth of the cyclone of public sentiment and began to pretend enthusiasm, while secretly plotting the mistrial of Ferguson's cases.

Dolittle's Executrix, with all its witnesses and all its bitternesses, had resulted in a mistrial, and the sister churches were wider apart than ever. The rest of the docket was being daily disposed of. The Sheriff was busy one day telling his story to an admiring throng on the court-green when someone casually observed that Mrs. Dick Creel had got off the train that morning.

It was confidently expected that the jury would either acquit unconditionally, or fail to agree; thus prolonging suspense, by a mistrial.

A juryman might die suddenly overnight or fall grievously ill; or some legal accident might occur which would necessitate declaring a mistrial. There is, always hope in a criminal case so long as the verdict has not actually been returned and the jury polled and discharged. If possible he must drag his summing up over until the following day. Something might happen.

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