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Story May 28, 1835

Virginia Free Press

Charles Town, Jefferson County, West Virginia

What is this article about?

At Derby Assizes last week, a jury humorously deliberates on indicting man named Bird for stealing a tub found in his possession, struggling with doubt and mercy recommendations before acquitting him. Judge notes similar incident last spring.

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The Derby (Eng.) Juries seem preeminent in judicial sagacity. At the Assizes, last week, a man named Bird was indicted for stealing a tub. It was found in his possession, but he said he had picked it up on the road. The Jury, after having conferred together for some time, turned round and resumed their seats in the box. Clerk of Arraigns—How say ye, gentlemen, are you agreed on your verdict? Is the prisoner at the bar guilty or not guilty? Foreman—We are in doubt whether he stole the tub or not. Mr. Justice Littledale—Then, gentlemen, consider further of your verdict. That is the very question you are to decide. The Jury conferred for some time longer. Clerk of Arraigns—Is the prisoner guilty or not guilty. Foreman—We think he is, but recommend him to mercy! The Judge—On what ground, gentlemen? The Jury again conferred together, after which the Judge inquired on what ground they recommended the prisoner to mercy? We leave that to yourself, my lord.—(Laughter.) The Judge—No, no, gentlemen, you must say. You had better consider it among yourselves. After a further conference the Jury again turned round. Clerk of Arraigns: "On what ground do you recommend the prisoner to mercy?"—Foreman: "We hear he was in possession of the tub, but no one says they saw him take it." (Great laughter.) The Judge: "Gentlemen, if you have any doubt of the prisoner's guilt, you had better give him the benefit of it, and acquit him."—A juror: "I think it would be best to return him quit of the crime." (Laughter.)—The Judge: "Then, gentlemen of the Jury, you had better consider your verdict." They did so, and returned a verdict of Not Guilty.

The learned Judge remarked that a similar scene had taken place there last Spring.—English Paper.

What sub-type of article is it?

Crime Story Curiosity

What themes does it cover?

Justice Crime Punishment

What keywords are associated?

Jury Deliberation Theft Trial Acquittal Humorous Verdict Derby Assizes Tub Theft

What entities or persons were involved?

Bird Mr. Justice Littledale Foreman Clerk Of Arraigns A Juror

Where did it happen?

Derby (Eng.), At The Assizes

Story Details

Key Persons

Bird Mr. Justice Littledale Foreman Clerk Of Arraigns A Juror

Location

Derby (Eng.), At The Assizes

Event Date

Last Week

Story Details

Jury at Derby Assizes deliberates on Bird's theft of a tub, expresses doubt, recommends mercy without clear grounds, leading to acquittal after judge's guidance amid courtroom laughter.

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