A GOOD JUDGE, AND A GOOD JURY.

It is of most essential importance to the due administration of justice

that juries should be sensible of their own dignity; and, when occasion

requires, that they should not implicitly and servilely bow to the

opinion of any judge, however high he may be held in estimation. An

instance of the beneficial result of a jury asserting, in a respectful

manner, the privilege of having an opinion of their own, occurred, not

at the assizes now holding, but not very long ago. Two men were indicted

for a burglary: after the counsel for the prosecution had opened, the

amiable and learned judge who presided, addressing the jury, said,

“Gentlemen, there does not appear to me any probability that a case of

burglary can be made out against the prisoners, it is therefore needless

to occupy your time any further.” The jury having, however, conferred

for a short time, the foreman replied, “With perfect deference to your

lordship’s opinion we should rather prefer hearing the evidence.” To

this his lordship readily assented: the case went on, and the guilt of

the prisoners was proved beyond the possibility of a doubt. After the

verdict was returned, the learned judge said, “Well, gentlemen of the

jury, I will not say that you are better _lawyers_ than I am, but I am

quite sure that in the present instance you have proved yourself to be

better _judges_.”[354]

[354] Times, August 27, 1827.

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The Every-day Book and Table Book. v. 3 (of 3) Everlasting Calerdar of Popular Amusements, Sports, Pastimes, Ceremonies, Manners, Customs and Events, Incident to Each of the Three Hundred and Sixty-five Days, in past and Present Times; Forming a Complete History of the Year, Month, and Seasons, and a Perpetual Key to the Almanac · 第 1200 / 1847 题