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The Official Story
Chapter 15
The verdict of the Supreme Judicial Court
The Supreme Judicial Court justices heard the case of Joseph North vs. the Commonwealth of Massachusetts on July 10, 1790. The all-male jury's verdict two days later was "not guilty." (The cases against the other two men were continued to the next session and then dropped.)
(Why was there an all-male jury? According to 18th century American law, only male property owners could vote, and only those who voted could serve on juries.)
The official record tells us nothing about what was said in court.
Most probably it came down to a case of his word versus her word. Since Judge North was a prominent member of the community and Rebecca Foster was the wife of a discredited minister, one could argue that the verdict was predictable, no matter what evidence was presented.
Table of Contents
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Page 117
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Courts
and Forms of Process |
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Choice and Services of
Petit Jurors. |
117 |
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sons in their respective towns as are of good moral character
and qualified as the constitution directs, to vote in the choice of Representatives,
and not expempted by this act, and such as the Selectmen shall judge well
qualified to serve as Jurors, and the town shall select out of the lift
one quarter part of the number laid before them, and such as they shall
judge best qualified to serve at the Supreme Judicial Court, and have
their names written by the town Clerk on separate pieces of paper and
put into one of the boxes, to be liable to be drawn out as is herein hereafter
directed, to serve on the Petit Jury, at the Supreme Judicial Court, and
the town shall direct that such of the remainder of such list as the town
shall think proper, shall have their names written on separate pieces
of paper and put into the other box, to be drawn, as is herein hereafter
directed, to serve on the Petit Jury at the Courts of Common Pleas and
General Sessions of the Peace, and if any person whose name shall be put
into either box, shall be convicted of any scandalous crime, or be guilty
of any gross immorality, his name shall be withdrawn from the box by the
selectmen of his town. Provided nevertheless, If he can obtain
a vote of the town to have his name restored to the box again, it shall
be restored, and such boxes shall be locked by the Selectmen, and delivered
to the town Clerks.
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Jurors how to be chosen.
Any person whose name shall be put into
either box, being convicted of any scandalouscrime his name to be withdrawn.
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III. And be it further enacted by the authority aforesaid,
That if the Selectmen of any or either of the towns in this Commonwealth,
for the time being, shall neglect or refuse to prepare and lay before
their respective towns a list of Jurors, as is required in and by this
act, every Selectman so neglecting his duty, shall forfeit and pay the
sum of three pounds, for the use of the county in which he or they
dwelt at the time of such neglect, to be recovered by action or information,
brought by the Treasurer of such county, before any Court proper to try
the same, provided that the action be brought within twelve months after
the offence shall be committed.
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Selectmen neglecting their duty.
Penalty. |
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IV. And be it further enacted by the authority aforesaid,
That when any venire facias shall be issued as by this act
is provided, and the inhabitants of any town shall be assembled for that
purpose, the town Clerk, or in his absence one of the Selectmen, shall
carry into the meeting the box wherein the names of those persons are
put who are designed to serve at the Court from whence the venire facias
issued, which shall be unlocked in the meeting and by the major part of
the Selectmen, who are to be present (and the constable who shall warn
the meeting shall particularly notify them and the town Clerk for that
purpose) and the town Clerk, or in his absence one of the Selectmen, shall
draw out so many tickets as there are Jurymen required by the venire,
who shall be the persons that shall be returned to serve as Jurors;
saving that if any whose names are so drawn, are sick, or otherwise unable
to attend at that time, in the judgment of the town, their names shall
be returned into the box and others be drawn in their stead; and to the
intent that the same persons may not be obliged to serve too often, the
Clerk or selectmen who shall draw the ticket or name of any person returned
to serve as aforesaid, shall enter upon the back thereof the date of the
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Duty of town Clerk or Selectment when
any venire facias shall be issued.
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Ff |
draft |
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