|View single post by Texas Defender|
|Posted: Mon Dec 17th, 2012 01:40 pm||
While re-reading your Posting #28, I realized that the paragraph you quoted from Richard Dana's letter is incomplete. In trying to show that Mr. Dana thought that the Government had a : "Good" case against Mr. Davis, you have omitted a part of his paragraph, and even cut off what he said in mid-sentence.
In order to illustrate (In case it needs any further illustration) my point that Mr. Dana preferred not to press the case against Davis, I am finishing the appropriate paragraph for you:
" ... why should we desire to make a question of it and refer its decision to a jury, with power to find in the negative, or to disagree? It is not an appropriate question for the decision of a jury; certainly it is not a fact which a Government should without great cause, give a jury a chance to ignore."
It is clear that Mr. Dana was fearful that a jury in Virginia might be inclined to rule against the Federal Government. My guess is that most Virginians would have relished the opportunity to rule against the Federal Government in 1868.
As for the Government having a : "Good" (Or even: "Excellent") case, I'm certain that the prosecutors in the O.J. Simpson case thought that their case was: "Good." (Not that I would compare Jefferson Davis to O.J. Simpson). Still, the unanimous ruling came back against them. In the end, what really matters is who is sitting on the jury.
Last edited on Mon Dec 17th, 2012 02:16 pm by Texas Defender