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Browsing: Legal Papers of John Adams, Volume 2


This foot note contained in document ADMS-05-02-02-0010-0001-0004
7. Rex v. Simonds, 5 Bacon, Abridgment 243–244 (Unreported, K.B. 1752):
“The Defendant was indicted for having put some Ducats into the Pocket of the Prosecutor with an Intent to charge him with Felony. The Jury found the Defendant guilty generally: But upon a Motion for a new Trial Affidavits of all the Jurors were produced, in which they swore that they only intended to find him guilty of the Fact of having put the Ducats into the Prosecutor's Pocket but not of the Intent; and Foster, J. before whom the Indictment was tried reported that his Direction to the Jury was, that in Case they did not think the Defendant guilty of the Intent as well as of the Fact of having put the Ducats into the Prosecutor's Pocket they ought to acquit him. A new Trial was granted; and by Lee Ch. J. we do not grant a new Trial in this Case on the Account of any after Thought of the Jurors, for the doing of this might be a very bad Precedent; but because the Verdict was contrary to the Direction of the Judge in a Matter of Law. By Denison J. if the Verdict had been as the Jury intended it, that the Defendant was guilty of the Fact but not of the Intent there must have been a Venire facias de Novo for it would have been an incompleat Verdict.”
The case was also reported in 10 State Trials 411, sub nom. Ashley v. Simons the Jew. (Ashley was the prosecutor.) The report sets out interesting background information, the indictment, the affidavits of the individual jurors, the judge's additional charge, and the outcome of the second trial (12 July 1752—acquitted).