. Rex v. Simonds, 5 Bacon, Abridgment
243–244 (Unreported, K.B.
“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).
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2014.