23 Ga. 1 | Ga. | 1857
By the Court —
delivering the opinion.
Anciently the doctrine was much more rigid upon this subject than at present; and the most oppressive, not to say odious, means were resorted to, to force the jury to find a verdict. But the Courts with the advance of civilization, relaxed from this barbarous practice; and the rule next ivas, that a mistrial might be awarded whenever from Providential cause or otherwise, it became necessary; and this is the principle insisted upon by the defendant’s counsel on the present occasion. But the modern cases establish a still further departure from the old practice | and at the present day, the question seems to be left pretty much to the discretion of the' Judge, under his responsibility to the country for any abuse
The record does not disclose, whether the jury were permitted to take their breakfast on the morning of the day, before they were discharged. They should have been allowed this indulgence. The idea of starving a jury into a verdict is against all philosophy. Hungry men are always quarrelsome. Brother Jonathan was feasted and flattered by the Embassador of John Bull into the Clayton-Bulwer Treaty; while the roar of the British Lion would have passed unheeded as the idle winds.
After a jury have been out all night, the Courts should always, after suffering them to partake of refreshments, give them another opportunity to agree upon a verdict. If they then fail, the case may generally be considered as hopeless.
Judgment affirmed!