HAD CONSIDERED THAT POINT.

New Zealand Illustrated Sporting & Dramatic Review, Volume XVIII, Issue 1060, 30 June 1910, Page 22

HAD CONSIDERED THAT POINT.

In Illinois there is an old law on the statute books to the effect that in criminal cases the jury is “judge of the law as well as of the facts.” Though not often quoted, once in a while a lawyer with a desperate case makes use of it. In one case the judge instructed the jury that it was to judge of the law as well as the facts, but added that it was not to judge of the law unless it was fully satisfied that it knew more law than the judge. An outrageous verdict was brought in, contrary to all instructions of the court, who felt called upon to rebuke the jury. At last one old farmer arose. “Jedge,” said he, “weren’t we to jedge the law as well as the facts.”

“Certainly,” was the response; “but I told you not to judge the law unless you were clearly satisfied that you k,new the law better than I did.” “Well, jedge,” answered the farmer, as he shifted his quid, “we considered that p’int.”