Page:History of Woman Suffrage Volume 3.djvu/810

A contemptibly lying and silly dispatch went over the wires to the effect that during the trial of A. W. Howie for homicide (in which the jury consisted of six women and six men) the men and women were kept locked up together all night for four nights. Only two nights intervened during the trial, and on these nights, by my order, the jury was taken to the parlor of the large, commodious and well-furnished hotel of the Union Pacific Railroad, in charge of the sheriff and a woman bailiff, where they were supplied with meals and every comfort, and at 10 o'clock the women were conducted by the bailiff to a large and suitable apartment where beds were prepared for them,[Pg 737] and the men to another adjoining, where beds were prepared for them, and where they remained in charge of sworn officers until morning, when they were again all conducted to the parlor and from thence in a body to breakfast, and thence to the jury-room, which was a clean and comfortable one, carpeted and heated, and furnished with all proper conveniences.

The cause was submitted to the jury for their decision about 11 o'clock in the forenoon, and they agreed upon their verdict, which was received by the court between 11 and 12 o'clock at night of the same day, when they were discharged.

Everybody commended the conduct of this jury and was satisfied with the verdict, except the individual who was convicted of murder in the second degree. The presence of these ladies in court secured the most perfect decorum and propriety of conduct, and the gentlemen of the bar and others vied with each other in their courteous and respectful demeanor toward the ladies and the court. Nothing occurred to offend the most refined lady (if she was a sensible lady) and the universal judgment of every intelligent and fair-minded man present was and is, that the experiment was a success.

I dislike the notoriety this matter has given me, but I do not shrink from it. I never sought it nor expected it, and have only performed what I regarded as a plain duty, neither seeking nor desiring any praise, and quite indifferent to any censure or criticism which my conduct may have invoked.

Thanking you for your friendly and complimentary expressions, I am very respectfully yours,

J. H. Howe.

As showing how the matter was received at home, in Laramie City, I copy the following from the Laramie Sentinel of April 7, 1870:

If we should neglect to give some idea of the results of our jury experiment, the world would say we were afraid or ashamed of it. For our own part we are inclined to admit that it succeeded beyond all our expectations. We naturally wished it to succeed; still we scarcely wished it to demonstrate a theory that women were better qualified for these duties than men. Hence, when Chief-Justice Howe said, "In eighteen years' experience I have never had as fair, candid, impartial and able a jury in court, as in this term in Albany county," and when Associate-Justice Kingman said, "For twenty-five years it has been an anxious study with me, both on the bench and at the bar, how we are to prevent jury trials from degenerating into a perfect burlesque, and it has remained for Albany county to point out the remedy and demonstrate the cure for this threatened evil," we confess to having been more than satisfied with the result. It may be safely stated as the unanimous verdict of bench, bar and public opinion, that the jurors of Albany county did well and faithfully discharge their duties, with honor and credit to themselves and to the satisfaction of the public.

Among the few exceptions to the general abuse of the press, the following from the Cincinnati Gazette of April 14, 1870, is well worth preserving:

Now, in the name of the inalienable right of every person to the pursuit of happiness, we have to ask: Are not these women competent to decide for themselves whether their households, their children or their husbands are of more importance than their public duties? And having the best means for deciding this question, have they not the right to decide? Who has the right to pick out the females of a jury and challenge them with the question whether they are not neglecting their households or their husbands? Who challenges a male juror and demands whether he left his family well provided, and his wife well cherished? or if, through his detention in court, the cupboard will be bare, the wife neglected, or the children with holes in their trousers? This is simply the crack of the familiar whip of man's absolute domination over women. It means nothing short of their complete subjection. Not to use rights is to abandon them. There are inconveniences and cares in all possessions; but who argues that therefore they should be abandoned? It would much promote the convenience of man if he would let his political rights and duties be performed by a few willing persons; but he would soon find that he had no rights left.