The Court then charged the jury again, and told them that they
could retire if they thought proper to do so. The jury consulted
together a few minutes in the Court room. The prosecuting attorney
directed the clerk to enter a verdict of guilty as to both defendants.
When the clerk had entered the verdict, the jury were asked to attend to
it, as it was about to be read by the clerk. The clerk then read the
verdict in the hearing of the jury. The jury, upon being requested, if
any of them disagreed to the verdict to make, it known by a nod, seemed
to express their unanimous assent; and no juror expressed his dissent."
In reviewing the case the Court say: "The error complained of is, that
before the jury had announced their verdict, and in fact after they had
intimated an intention to acquit the defendant, Shule, the Court allowed
the clerk to be directed to enter a verdict finding him guilty, and
after the verdict was so entered, allowed the jury to be asked if any of
them disagreed to the verdict which had been recorded by the clerk. No
juror expressed his dissent; but by a nod which appeared to be made by
each juror, expressed their unanimous assent. The innovation is, that
instead of permitting the jury to give their verdict, the Court allows a
verdict to be entered for them, such as it is to be presumed the Court
thinks they ought to render, and then they are asked if any of them
disagree to it; thus making a verdict for them, unless they are bold
enough to stand out against a plain intimation of the opinion of the
Court.
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