ween the court-room and her hotel.
Finally, it being ascertained that the jury disagreed irreconcilably,
they were called into court for their discharge, and filed solemnly into
their box. After a silence that could be felt had settled upon the vast
audience, Judge Williams wheeled around, and, facing the jury--many of
whom shrank from his severe and penetrating glance--in a voice of quiet
power, his whole bearing being one of dignified scorn, he delivered with
great solemnity the following well-deserved rebuke and protest against
the corruption of the power of the jury, and its contempt of justice and
the sacred dignity of the Court:
"GENTLEMEN OF THE JURY--I had hoped you would agree upon a verdict. The
cause is a plain one, and there is no need of a disagreement. Another
trial would be expensive to the county, and would occupy much time. A
second trial would again crowd this court-room with a throng of
auditors, who would listen day after day to the disgusting depositions
which are on file in this cause. One trial such as this is too much for
the decency and morality of any community, and another jury should never
be called to pass upon this case. It is the policy of all courts to
secure agreements from juries, and in such a case as this, more than in
almost any other, a disagreement should not be allowed.
"You are, after being out four days, irreconcilably divided. Some of
you, I know, are determined to be only guided by the evidence and the
law, as given to you by this Court. For your long and persistent
resistance of all attempts on the part of some of your number to prevent
justice, you are entitled to my sincere thanks and those of all
right-minded men in this community. Others there are upon this jury who,
I am bound to believe, have consulted only their passions and
prejudices; have deliberately ignored the evidence and the instruction
of the Court, and are anxious to perpetrate what they know or might
have known, was gross injustice. If there are such men upon this jury,
their conduct merits severest condemnation. I have great respect for the
honest convictions of jurors, even when I think they are wrong. I could
not censure jurors for honest prejudices; but I can have no respect for
men who, from base and unworthy motives, seek to secure unworthy ends.
"If any one was to look leniently upon the plaintiff, it would, of
course, be her counsel. But to make twelve honest men ever see that she
was entitled
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