v3243-219

"the .tin charge we. delivered, and when the jury

had returned to the court, apparently for further

instruction.. These instruction, were quite lengthy,

and were, in substance, that in a large proportion

of cases absolute certainty could not be expected;

that although the verdict must be the verdict of

each individual juror, and not a mere acquiescence

in the conclusion of his fellows, yet they should

examine the question submitted with candor and

with a proper regard and deference to the opinions

of each other; that it was their duty to decide the

case if they could conscientiously do so; that they

should listen, with a disposition to be convinced, to

each other's arguments; that, if much the larger

number were for conviction, a dissenting juror should

consider whether his doubt was a reasonable one which

ade no impression upon the minds of so many men,

equally honest, equally intelligent with himself. If,

upon the other hand, the majority was for acquittal,

the minority ought to ask themselves whether they

might not reasonably doubt the correctness of a

judgment which was not concurred in by the majority.

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archive.org Volume Name: govuscourtsca9briefs3243

Volume: http://archive.org/stream/govuscourtsca9briefs3243

Document Link: http://archive.org/stream/govuscourtsca9briefs3243#page/n218/mode/1up

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