JURIES.

Levinz reports a case in the King’s Bench, “Foster _v._ Hawden,”

“wherein the jury, not agreeing, _cast lots_ for their verdict, and gave

it according to lot; for which, upon the motion of Levinz, the verdict

was set aside, and the jury were ordered to attend next term to be

fined.”

On an appeal of murder, reported in Coke, the killing was not denied by

the murderer, but he rested his defence upon a point of law, viz. that

the deceased had provoked him, by mocking him; and he therefore

contended that it was not murder. The judges severally delivered their

opinions, that it was murder; but the jury could not agree. They however

came to the following understanding--“That they should bring in, and

offer their verdict not guilty; and if the court disliked thereof, that

then they should all change their verdict, and find him guilty.” They

brought in a verdict of _Not Guilty_. The court demurred, and sent them

back; when, according to the above understanding, they returned again in

a few minutes with a verdict of _Guilty_.

In 1752, Owen, a bookseller, was prosecuted by the attorney-general, on

information, for a libel. The direction of the lord chief justice Lee to

the jury does not appear at full length in the State Trials, but it

seems that he “declared it as his opinion, that the jury ought to find

the defendant guilty.” The jury brought in their verdict “Not Guilty.”

The report proceeds to state, “that the jury went away; but at the

desire of the attorney-general, they were called into court again, and

asked this leading question: viz. “Gentlemen of the Jury, do you think

the evidence laid before you, of Owen’s publishing the book by selling

it, is not sufficient to convince you that the said Owen did sell this

book.” Upon which the foreman, without answering the question, said,

“Not guilty, not guilty;” and several of the jury said, “That is our

verdict, my lord, and we abide by it.” Upon which the court broke up,

and there was a prodigious shout in the hall.”

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 1634 / 1847 题