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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 116
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Courts and Forms
of Process |
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Choice and Services of Petit Jurors. |
PART
III. |
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Constables to notify the persons chosen.
Grand Jury to have the same oath administered to them,
as those serving at teh Supreme Judicial Court.
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to appear at the Court of General Sessions
of the Peace, to be hold within the said county, next after the first day
of March, and there to serve on teh Grand Jury at every Court of
General Sessions of the Peace, throughout the whole year, until another
Grand Jury shall be chosen, empannelled, and sworn in their room, and the
constables shall notify the persons so chosen, four days before the sitting
of the Court. And it shall be the business of such Grand Jury to present
all crimes, offences and breaches of law cognizable by the said Court, and
they shall have the same oath administered to them, as is in and by this
act provided for the Grand Jury serving at the Supreme Judicial Court. |
| Penalties for neglect
in constables, towns, or persons chosen to serve as Grand Jurors. |
And if any constable shall neglect to
assemble the inhabitants of his town, when he shall have received such warrant,
or shall neglect to summon such person as shall be chosen in pusuance of
such warrant, or shall not make a timely return of the same, with his doings
therein, he shall pay such fine as the Court shall order, not exceeding
the sum of ten pounds. And if any town shall after being duly notified,
neglect to choose such Grand Juror or Grand Jurors, such town shall be emercied
to the use of the county, in a sum not exceeding twenty pounds, at
the discretion of the Court. And if any person chosen and summoned to attend
as aforesaid, shall unnecessarily fail of attending at the time and place
appointed therefor, he shall (if he is an inhabitant of Boston, Salem,
or Newbury-Port) pay a fine of five pounds, otherwise a fine
of forty shillings, to be divided amongst the Grand Jurors who shall
attend their duty. |
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[This act passed June
21, 1784] |
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An Act for regulating the Choice and Services
of Petit Jurors |
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Towns to proceed in the
appointment of Jurors, as heretofore practiced.
Clerks of therespective Courts to issue
venire facias.
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BE it
enacted by the Senate and the House of Representatives, in General Court
assembled, and by the authority of the same, That the towns in this
Commonwealth shall, until the first day of January, seventeen hundred
and eighty five, proceed in the appointment of Jurors, as hath been heretofore
practiced in this government, and that forever thereafter the Clerks of
the respective Courts in this Commonwealth, shall issue their venire
facias for Jurors to serve at their respective Courts, from their
offices thirty days at the least before the return day of the same, directed
to the constables of each town in the county, or so many of them as the
Court shall order, and the respective constables upon receipt thereof,
shall notify the freeholders and inhabitatns in their towns, qualified
to vote in the election of Representatives, to assemble and be present
at the appointment of the Jurors called for, and to be appointed in manner
by this act provided.
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II. And it is further enacted, That
the Selectmen of each town in this Commonwealth shall provide, and from
time to time cause to be kept in their respective towns, two boxes, and
shall once at least, in every three years, lay before their town a lift
of such per- |
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