What is the origin of the phrase a "hung jury"?
As the title suggests, I'm curious about the origin of a "hung jury" when the jury doesn't come to a decision.
Solution 1:
This column by Adam Freedman discusses the phrase:
The Oxford English Dictionary lists the first printed reference to a hung jury in Edwin Bryant’s What I Saw in California (1848-49) in which he states: “The jury . . . were what is called ‘hung’; they could not agree . . .”
Bryant’s phrasing obviously suggests that the phrase was already in common use by the late 1840’s. ... The earliest use of the term in a law report appears in an 1821 case, Evans v. McKinsey. ... it appears that the term developed somewhere in the south during the early 19th Century.
Linguistically, the phrase seems to derive from the sense of “hung” to mean caught, suspended or delayed (“I got hung up at the office”).
The Hung Jury: The American Jury's Insights and Contemporary Understanding [PDF] references the same cases, with a few more details (see footnote, pg 1).
Solution 2:
The following clip from an 1838 issue of the Southern Literary Messenger confirms both the geography and time frame mentioned in @aedia's answer: