v3243-223

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'"means to try it before a jury drawn from the

same community that you have been, and with no reason

to believe that they would be any more intelligent

or honest than you are or any more likely to

arrive at a verdict. Justice to both parties

demands that the case be brought to an end. The

expense of these trials is very great; possibly the

expense of the parties so far incurred is from

$7,000 to $10,000. The government has a right to a

verdict without farther expenditure of time and

money. The defendants, if guilty, have a right to

have that fact determined by a verdict before they

are bankrupt in pocket, and likewise if they are

innocent they have the right to be acquitted before

their means are exhausted. You state, in answer

to the court's question, that you stand seven to

five. If seven are for an acquittal, the five

should seriously inquire whether there is not a

reasonable doubt of the guilt of the defendants

when seven of their fellows of equal intelligen


archive.org Volume Name: govuscourtsca9briefs3243

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

Document Link: http://archive.org/stream/govuscourtsca9briefs3243#page/n222/mode/1up

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