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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 119
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Courts
and Forms of Process |
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| PART III. |
Choice and Services of
Petit Jurors. |
117 |
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| ceeding the sum of five pounds;
and if any person appointed and returned to serve on the Petit Jury, shall
unnecessarily fail of attending, he shall, if he is an inhabitant of Boston,
Salem, or Newburyport, pay a fine of five pounds, and
if an inhabitant of any other town, he shall pay a fine of forty shillings;
which fines shall be equally divided amongst the Jurors who attend their
duty. |
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And it is further enacted by
the authority aforesaid, That the Justices of the respective Courts
aforesaid, shall upon motion from either party in suit, put any Juror
upon oath, whether he is in any way related to either party or hath directly
or indirectly formed or given any opinion, or is sensible of any prejudice
in the cause; and if it shall then appear to the Court that any Juror
does not stand indifferent in the cause, he shall be set aside from the
trial of that cause and another called in his stead. And the Sheriff of
each county, as soon as he shall receive the venire for Jurors
from the Clerk of either Court, shall forward them without any delay,
to the constables of the serveral towns whereunto they are directed.
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Justices of the respective
Courts, upon motion of either party, shall put any Juror upon oath.
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And it is further enacted
That in all causes relating to the reality, either party may have a Jury
to view the place in question, if the Court shall be of opinion that such
view is necessary to the justice of the trial. Provided, The party
moving therefor shall advance such reasonable sum to the Jury as the Court
shall order to be taxed against the adverse party, if he who advances
the same shall prevail in the suit. Provided, That no settled Minister,
Justice of the Peace qualified to act in his office, practicing Attorney,
Sheriff, Deputy Sheriff, Coroner, Constable, Warden, Register of a Court
of Probate, Register of Deeds, Clerk of a common law Court, Physician,
constant Ferryman or Miller, shall be liable to be put into the box.
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In causes relating to
the reality, either party may have a Jury, &c.
Proviso.
Proviso.
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[This act passed June 26,
1784.]
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An Act directing the Time and Manner of appointing County
Treasurers.
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| BE it enacted by the Senate and House
of Representatives in General Court assembled, and by the authority of hte
same, That there shall be annually chosen in each county within this
Commonwealth, in the month of March or April, by the written
votes of such persons as are by the constitution qualified to vote for Representatives
in the several towns or districts, a discreet suitable person, being a freeholder,
and resident in the same county, for a county Treasurer; the votes to be
counted and sorted in the town or district meeting by the moderator thereof
and town-clerk; the names of the persons voted for, and the number each
person had, shall be recorded by the clerk in the town or district book,
and an attested copy of such record shall be transmitted under seal to the
next Court of General Sessions of the Peace, to be held within and for the
same county, on the first day of the Court's sitting; there to be opened
and compared with the like returns from the several towns and districts
in such count: And the person having the |
County-Treasurer to
be annually chosen |
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