[188]
replied that there was much valuable and brittle property in the watchmaker's shop, which would have been liable to robbery and destruction, if a promiscuous mob had been allowed to rush in. Judge Washington summed up the evidence very clearly to the jury, who after retiring for deliberation a considerable time, returned into court, declaring that they could not agree upon a verdict, and probably never should agree.
They were ordered out again, and kept together till the court adjourned, when they were dismissed.
At the succeeding term, the case was tried again, with renewed energy and zeal.
But the jury, after being kept together ten days, were discharged without being able to agree upon a verdict.
Some, who were originally in favor of the defendant, became weary of their long confinement, and consented to go over to the slaveholder's side; but one of them, named Benjamin Thaw, declared that he would eat his Christmas dinner in the jury-room, before he would consent to such a flagrant act of injustice.
His patience held out till the court adjourned.
Consequently a third trial became necessary; and the third jury brought in a verdict in favor of the watchmaker.
The expenses of these suits were estimated at seventeen hundred dollars. Solomon Low was in limited circumstances; and this expenditure in prosecuting
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