Pl. Bryan, STORIES IN FICTION AND IN FACT - GLASPELL,SUSAN A JURY OF HER PEERS AND THE 1901 MURDER TRIAL OF HOSSACK,MARGARET, Stanford law review, 49(6), 1997, pp. 1293-1363
In this article, Professor Bryan discusses the classic short story A J
ury of Her Peers and the questions it raises about the stories told an
d accepted under the law. Relying on historical documents and contempo
raneous newspaper reports, Professor Bryan describes the actual case t
hat inspired Susan Glaspell to write her work of fiction: the 1901 tri
al of Margaret Hossack, who was convicted of murdering her husband wit
h an axe while he lay asleep in bed. During the trial, neighbors testi
fied that Margaret Hossack had been abused during her marriage and had
sought their help on numerous occasions. That evidence was heavily re
lied on by the prosecution in arguing that Margaret Hossack had a moti
ve for the crime. The story of Margaret Hossack, both during the trial
and thereafter, leads us to ask the question suggested by Susan Glasp
ell: whether justice will be denied until we recognize the biases and
assumptions that shape the narratives told in the courtroom.