Matilda v. Mason & Moore
U.S. Circuit Court for the District of District of Columbia
This was a petition for freedom, founded upon an importation from Maryland to Yirginia in the year 1792. When the jury was about to be sworn, Mr. Jones, for the defendant, stated that it had been an old practice in this Court, in suits for freedom, to ask each juror, before he was sworn, the following questions: 1. Have you any conscientious scruple which disinclines you to find a verdict against the petitioners for freedom, and inclines you to find a verdict in their favor,…
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This was a petition for freedom, founded upon an importation from Maryland to Yirginia in the year 1792. When the jury was about to be sworn, Mr. Jones, for the defendant, stated that it had been an old practice in this Court, in suits for freedom, to ask each juror, before he was sworn, the following questions: 1. Have you any conscientious scruple which disinclines you to find a verdict against the petitioners for freedom, and inclines you to find a verdict in their favor, even when the law and evidence, upon strict legal principles, are against them ? 2. Do you consider yourself.in…
1Opinion of the Court
The Court (Cranch, C. J., contra,')
gave the instruction as prayed ; but the jury found a verdict for the defendants. The Court granted a new trial without costs.' The cause came on again to be tried at April term, 1823, when the same instruction was given, and the jury found a verdict for the petitioners. The defendants took a bill of exceptions, which after stating the facts, and instruction given as above, proceeds thus :
“ And thereupon the defendants insisted and contended before the jury that the facts given in evidence as aforesaid, do not impose upon the defendants the necessity of…
2Cases cited1 opinion
- Mason v. MatildaSupreme Court of the United States · 1827