The republic., 1851-09-03


evening) dissent from the answer. On Saturday
morning returned to the court the answer Of
the jury that there was not the slightest probability
OF their ever making up verdict. cannot speak
positively whether Friday or Saturday. In ad
dillon to the answer that there not the slight
eat probability of their agreeing their YER
dict, was requested by the whole jury 20 say TO the
court that they had held meeting at IL o'clock
think THE must have been Friday about o'clock
and had tried the three questions, and could not
get verdict either; and that II kept there till
doomsday they would never make verdict.
think this message WAS brought down by me on the
day after had the conversation with Mann.
went up again at night, and received similar
swer. Mr. Mann did not dissent from the answer
On Saturday morning received a similar answer,
and after received it Mr.. Mann said to the fore
of the jury, GO Don't be too certain of that"
think this was ON Saturday about noon, at the
second visit paid them, If went up twice on that
day. i went up again on Saturday evening, and
was informed that they had made verdict.
don't recollect that Mann said one word. / do not
know if Mann took the Clipper himself, nor how
the paper got there. i did not mention Mann's
complaint TO the court; mentioned il to MIR. Go
bright.
Direct erdminatiOn.--I never went up TO the jury
except when sent up by the court. Once when up
there heard him threatened by one of the other
Jurors with an exposure, such as he had mentioned
10 me One of the jurors asked me what thought
ought to be done with juror Who'll am at loss
Tor his language, but am OF the impression that
was-wth juror who had held out, or who had
taken the stand that Mann had. My reply was,
that they ought to forbear with him, and have the
charity for him the that other jurors desired
persons to have for them; that perhaps he (b1ann)
was as conscientious he, the juror complaining.
The manner OF that juror was excited. Mann said
he did not care how soon they came down into court
with the exposure Much else was said, butt don't
remember II. saw no personal violence. inns
wGs on Friday; it might have been Thursday; it
was on the same morning that was shown the pa
per; at least think il was think it was in The
same interview in which he complained of the pa
per. think may have been up there possibly
ten minutes. They did not say what sort of an ex-
posure 1t was to be, except that 1t was to be In
court.
Thomas PlumsiH, baiiff, being sworn said: That,
while the jury were at Copp's, Mr.. Turner was
taken i'll, and his wife came TO him and brought
him medicine Persons came to see others of the
jurors Mrs. Mann brought her husband clean
clothes, and The two conversed on family matters.
| was present, and think that heard all which
said by them. Mr.. Ruff's children came to see
him, and his servant brought him clean clothes !;
and Mrs Wardell came from Georgetown on one
Sunday, and brought her husband clean clothes
think that several times men came TO Mr.
Ruff on business. 1 was always present, and en-
deayored to hear every word always took care
to be present, not relying my son. While at
Copps, newspapers could not be kept from the jury
as they came through the bar-room. believe that
they then read the papers from day to day. did
not know that papers were prohibited. Iendeavor
ed as much as possible to keep away from the con-
sultations of the jury. Having been long
fined, and IN the hottest weather, they necessarily
had to be supplied with food, and this was brought
by their families or servants. The Government
docs not supply the jurors with food after they have
retired to make up their verdict. IL they received
any papers while in the Jury room, it is more than
know. do not recollect of their reading except
on one occasion. ! did not see the Clipper in Mr..
Manns hands when Mr.. Hensbaw went up. No
thing said the subject of the trial when
Mrs. Wardell called to see her husband. The
cd hat fan of fha
taken sick to call in physician, If they desired it.
1t was printed in the papers that MIR. Wardcll was
sick, and Mr.. Woodward had informed his family
of the fact, and said they could see Mr.. Wardell
on application to me. Another person came with
Mrs. Wardel--her nephew. Mr.. Wardell was ILL
| made effort to bring him down from the jury
room. | was near to them as could consistently
be. think heard all that passed. don't recol-
ect of Mrs. Wardell whispering. One day Mr..
Mann and MIR. Turner got boisterous. did not
hear what was said. | MIR. Mann smack his
fists together while he talking to Mr.. Turner
ran towards them. and said, "Gentlemen, that
won't do; you must either desist or I'll lock you
both up. i don't think that Turner raised his
hands, but can't say. / do not know did /
ask what the quarrel was about ! did not hear
MIR. Turner threaten Mr.. Mann. / think they
stopped when they me coming. The next
day Mr.. Mann said that Mr.. Turner threatened
to expose his conduct, or something to that effect
cannot say whether it was in explanation or not.
did not see the jury reading daily papers. think
up stairs TO her husbands room. She remained
there. | endeavored to hear every word that
passed. i think that on that occasion Mr. Clar Ike
asked her how MIR. Wardell was If Mrs. Wardell
said any thing to her husband about the trial on
her first visit, did not hear it. Mrs. Turnsr was
never in the jury room. Mr.. and Mrs. Turner sat
on bench below, and between them, and knew
all that took place.
Mr.. Fendall-And they did not talk about this
case
Mr. Plumsil.-I feel as satisfied that they did
rot as do ofmy own existence.
Stephen 3. PltnnsH, the of Thos Plumsill, also
one of the special baliffs, called He testified
that he did not recollect persons calling the u
rors other than those whose names had been men
toned by his father, whom he assisted. saw the
jury reading newspapers, and saw the Clipper in
the room. On one occasion MIR. Mann said that
Mr. Lowrey would not believe the prisoners wit
nesses on oath. Mr.. Lowrey called him liar
and said that he would not have sat in the jury
box with him if he had known him, and fur
ther, that he did believe MIR. Mann had good
sense. The rest of the jurors talked with
them When the jurors went up stairs here,
there was some difficulty between Messrs. Tur-
ner and Mann. Mann called him damned
liar, and said he could whip him-doubling his fist
Ut the time Mr. Turner remarked that he was
going to puhlish something about him. Mr.. Tur
ner behaved like q gentleman. They were quar-
relling for ten or fifteen minutes, Mr.. Mann said
that he would never convict John Day, and would
stay in the Jury until he rotted He said this
at Copp's and up stairs in the court. house. /
didn't know what Mr.. Turner said to that but the
others said that Mr. Mann fool. The first
verdict was compromise. If the President had
no power to commute the sentence, then the jury
were to return to their ROOM don't know of
any thing being said about MIR. Mann not sticking
to the verdict. did not hear any thing about ex
posing MIR. Mann TO the court. Mr.. Mann was
violent all the time. He wanted the jury to come
over to him; and formed opinion before he went
out. Mr. Mann had accused Mr. Lowrey of form
ing an opinion, and Mr.. Logrey had accused him.
think that ] heard Laporte say on Saturday, the
same day the verdict was brought in, something
about Mr.. Wardell's wife.
Mr.. Fendall objected to the last question asked
by Mr. Bradley; and, after some conversation, the
Court overrued the objection
MIR. Bradley asked the witness if he had heard
any thing about Mr.. Mann being indicted for per
jury il he did not get out Of the way very soon.
Mr.. Plumsl refused TO answer.
The Court-Answer the question.
Mr.. Bradley.-You are in the hands of the Court.
I want to know what Laporte said.
MIR. Plumsill.-The only thing said by Mr.. La
porte was, that some gentlemen were at Mr.. War
dells store, and said Mr.. Mann had perjured him
self, and that Mr.. Wardell told him 80. Messrs.
Mann and Laporte were always together. Mr..
Laporte said that Mr.. Wardell must have commu-
ncated it to the rest of the jury. Mr.. Wardell was