From the .lnerican Daily .4irertisef'
INTERESTING nECISlON.
{"newspaper_name": "Delaware journal.", "edition": "01", "page": "p2", "byline": ""}
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THe Commonwealth rs. Hitiom Lesher-indict-
ed for the murder Of his ,c1e.-At the swearing "
the Jury in this case. at the present term OF the
Oyer had Termner, Isaac W. Morris, member oi
the Sncety Of Friends, being called as a Juror. de-
clared to the Court his unwlngness and inability
to finJa verdict of conviction, whatever might be
the evidence. in capital case. The Attorney ior
the Commonwealth thcreupon offered to challenge
the Juror for cause. This was objected to by tue
counsel Of the prisoner; they alleged that the de-
claation of the Juror was no cause of challenge.
and contendpd that he should be affirmed. Alter
argument at length on each side:


Chief Justice Gibson said in substance, that the
considered the point recognized and ruled by tht
late Chief Justice filghnan and himself, IN the Tor
case in the same court, where melnher vi Inc
Friends Society committed to prison tor refus
ing to serve as Juror in capital trial. The case
fell within none Of the causes OF challenge iad
down in the books---it was an error and mere alb
stract opinion Of the Juror's if the prisoner had
advantage by t,.the court was not to deprive HIN Ul
it and he thought the Juror should be affirmed, as
being 'onani ctceptioaemyOr."


Judge Rod. GERS. vino had been called from the
Court Of Nis prina adjoining, to take part iii the
decishn, in giving his opinion, denied the right o
the Coart to place the Jutor III situatlcnf
his Considerations rights such interference w0uIf
be a violation 81 the CDnstulion. 'L'ad us no
into teinpttion'' said Judge r. i dariy prayer
and to comnei the Juror to act either against his Goa
science OF the law. would be to tempt him to wong
The obvuas rcliahiuS PERSUASION OF the Jnror con
tirlned him nhrevlns hlsdeclaratlon was sbicic,9
eause For challenge.


Judge Iod dui not think the point decided in th
former case referred to; that there, the Juror ha,
only asked to be excused. We are bound said b.
70 support the law. hdrder onsht t" have tn" pun
ishmrpt which the law provides, or no punishment
at all y.,,lI ,N ..lI, nE ll,lfr tt,
that an assassin ired by Jurors who felt the
yiction, which MIR. Morr, had Expressed lie gav
his opinion that the cause oi challenge wa, .uod


The Juror 'oGs eccused and another substituted