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malthaussen

(17,175 posts)

36. By the authority of the presiding judge.

Sun May 9, 2021, 02:05 PM

May 2021

This happened quite a lot in earlier trials when the jury returned a verdict that the judge didn't like. Considering that in the example cited, all three rulings were first against John Hathorne, and then in his favor, I'm guessing he had some influence with the presiding judge.

In one trial of William Penn (that I personally find very funny), the jury was sent out four times and refused to return a verdict to the judge's liking. Especially when there was any political/religious context to a trial, as in the "slander" charges shown here, the verdict tended to have little to do with the facts, or with law.

This is the doctrine of jury nullification, which has famously raised its head from time to time in recent history.

https://www.1215.org/lawnotes/lawnotes/jurynul2.htm

-- Mal

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Salem Witch Trials documents and other records [View all] frogmarch May 2021 OP

I too have ancestors who were involved in the Salem Witch Trials. MoonchildCA May 2021 #1

Interesting! frogmarch May 2021 #2

Nathaniel Hawthorne is also a distant cousin of mine! MoonchildCA May 2021 #3

That is awesome! frogmarch May 2021 #4

Who knows, both having ancestors from that time and place... MoonchildCA May 2021 #5

Thanks for this interesting op. It reminded me of some information concerning Ergot abqtommy May 2021 #6

Thanks for the link frogmarch May 2021 #7

It's an interesting thing to consider. I figure there might have been some ergot poisioning abqtommy May 2021 #9

That's for sure. frogmarch May 2021 #11

My ancestors Samuel and Ruth Perley frogmarch May 2021 #8

Thank you! Very interesting. smirkymonkey May 2021 #10

And thank you for frogmarch May 2021 #12

One of my ancestors was a juror in a witchtrial csziggy May 2021 #13

Do you recognize the name frogmarch May 2021 #14

Henry Herrick was one of my ancestors - but I misspoke csziggy May 2021 #21

It can be confusing! frogmarch May 2021 #28

One of my ancestors was named Aaron Harland csziggy May 2021 #31

Ann Putnam, one of the accusers, mother was also named Ann Putnam. MoonchildCA May 2021 #32

The Ann Putnam in my tree was born with that name and married Henry Kinne csziggy May 2021 #34

Rebecca Towne Nurse and her sisters Mary Towne Esty and Sarah Towne Cloyes Fla Dem May 2021 #20

omg, it just hit me that frogmarch May 2021 #29

Abigail Dane Faulkner is in my family tree wnylib May 2021 #15

Hers is an amazing and famous true story! frogmarch May 2021 #16

I don't have any books about her, but wnylib May 2021 #17

The Deerfield Massacre! frogmarch May 2021 #18

Yes, it was France, with their Indian allies. wnylib May 2021 #22

Wow, thank you! frogmarch May 2021 #23

Oops. A correction on the title of wnylib May 2021 #26

Thanks for the resource link. I have descendants involved in the trials. Fla Dem May 2021 #19

Sounds like a good movie for accuracy. wnylib May 2021 #24

Oh, geez! frogmarch May 2021 #25

I absolutely think of them as real people and honored to have them in my family's heritage. Fla Dem May 2021 #27

Satan was my Daddy jpak May 2021 #30

By what authority was the 'jury sent out again'? Wolf Frankula May 2021 #33

By the authority of the presiding judge. malthaussen May 2021 #36

Well, at least Symon didn't have parts cut off for seditious libel. malthaussen May 2021 #35