Pennsylvania v. Adam Keffer

SOMERSET COUNTY. December Term, 1795. Pennsylvania v. Adam Keffer. THIS was an indictment against one of the grand jurors (on the presentment of the rest) for that he, being sworn, &c. “not regarding his oath, nor the good of the county, and the office of a juror, but holding the same in contempt, on 22d December, 1795, during the sitting of the grand-jury, on business given them in charge, did misbehave himself in the office of a juror, and abuse the trust put in him, by intoxicating himself with strong liquor, and disqualifying himself for the discharge of the office of a juror.” The foreman and others of the grand-jury proved the intoxication in a very high degree, during the sitting of the grand-jury. He slept by the fire, and could not be roused to do his duty, or answer questions. [MAJORITY — President.] President. If the incapacity arose from natural infirmity, or unavoidable accident, you ought to acquit. But, if it was voluntary, you ought to convict. The intention with which the intoxication was produced, whether with a direct view to disqualify, or not, is not essential to the conviction. For it was his duty, not only not to disqualify himself, but to take reasonable care to preserve himself in a state sit for doing his duty.