American telegraph. [volume] (Washington [D.C.]) 1851-1851, 1851-09-03
sHINGTON: WEDNESDAY, AFTERNOON, SEPTEMBER 8 1851

uAnI ~ y Juipl1 ~ W tho. BIouhus upon winch
he found his verdict nor 10 ask any question
as to any fact communicated to him by juror
which would tend to crminate tho juror, OF
make him liable to censure. But he did intend
asking questions which would 20 TO show that
improper influences were attempted TO be exer-
| cised TO induce the jurors to agree upon their
verdict He contended that what juror said
and did while the jury were together deIiberating
upon their verdict in relation to the trial. was
proper to be given in evidence on this motion.
Cited Eyans's Practice, 324 Gill and johnson,
1888; I'd Chitty's Reports, 268. ""' NnA
MIR. Fendalt replied, maintaining that the
| object and intention Of the evidence was to i'm
peach the verdict Of the juror. Could the de-
clarations of juror be given in evidence to
impeach his own verdict? Cited Conn Reports.
He maintained that there was no difference
between allowing juror to testify to his oH y
misconduct and allowing another person TO
prove that the juror said so and so, inlpeachng
his own verdict. If Mr.. HeDshaw can testify
to what Mann said, why not allow Mann to
/ prove It himself? The juror could not himself
| impeach his verdict; could he Ito SO by making
a statement to Mr.. Henshaw. He cited Black
we'll (Indiana) Reports, 454. - ...a t@
MIR, Bradley followed in support of his pro-
position. = @*-@.s t] .s5f# tA@
The Court ruled that the witness should tes-
| tify to all that he heard said and all that he
saw done while in the jury room. !.
Mr.. Hensha,o resumed. i went up to the jury
room after the day when they had been polled,
to ascertain if they had agreed. When went
up on such occasions l called them together
and made the communications was directed by
the Court went up on that day and went
into one of the jury-rooms.a Mann was sitting
in the window. l told him to come into the
room. with the others, that had a cemmunica-
ton to make to them from the Court He said,
81 Mr.. Henshaw, do you think it right or proper
that papers containing structures or censures
upon q juror should be sent into the iury-room
or placed in his hands 2" He used other Ian
guage of complaint He said that he had been
accused or charged with perjury, and thought
1t very unjust, and asked if it was proper.
told him it was not proper 1t is in the recol-
lection of other jurors that the complaint was
made. The paper was the Clipper i read the
| article; the paper remained In his hands.
don't know the date Of the paper This occur
4 rcd ON a Thursday or Friday morning; / think
it was Thursday. have not the paper. have
not looked for that particular paper Mann ap-
peared to be speaking under excitement of man
ncr, and was disturbed on account of the state
ment in tho paper. He was named in the paper.
think it was Thursdays paper
A question arose as to whether Mr.. Henshaw
could testify as to the contents of the paper
The Court ruled that at present such evidence
could not be admitted. ra. =
81. Gross examined. --Mann's manner was that of
| grief and anger commingled. He spoke-o his
having been threatened with public exposure in
/ court. / did not then know by whom he had
been threatened He spoke angrily. The con
yersation took place in the morning. 1t was
| not after Friday | went up in the evening of
| the same day and called the jury together, and
asked if they had agreed The answer was
+b abab nF tba,r ~,
Mr.. Mann was present then; he did not then
dissent from the answer that there was no prub.
ability of their agreeing. | went up the next
morning and put the same question. They an
swered they had not agreed; he did not then
dissent. On Friday evening | went up again.
and received the same answer; he did not then
Friday EVENING" dissent from the answer. On
Saturday morning l returned to the court as
the answer of tue jury, that there was not the
slightest probability Of their ever making up
verdict. | cannot speak positively whether
Friday or Saturday. In addition to the an
swer that there was not the slightest prob
ability of their ever agreeing on their verdict,
was requested by the whole jury to say to
| the court that they had held meeting at
twelve o'clock-l think this must have been
Friday about 2 o'cock--and had tried the three
questions, and could not geta verdict on either
and that if kept there till doomsday they would
/ never make a verdict / think this message
was brought down by me on the day after
had the conversation with Mann. L went UP
again at night, and received a similar answer.
| Mr. Mann did not dissent from the answer. On
| Saturday morning received similar answer,
and after | received it Dir. Mann said to the
/ foreman of the jury, 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. went up again on Sat
urday 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 go
there. did not mention Maun's complaint t.
the Court mentioned it to Mr.. GObright.
Direct ezamiaa,ion.---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
be had mentioned to me. One of the Jurors
asked me what thought ought TO be done with
juror who'll am at a loss for his language
but am Of the impression that il was---w with
juror who had held out, or who had taken tht
stand that Mann had? My reply was that the,
ought to forbear with him, and have the sam,
charity for him that other jurors desired per
sons to have for them; that perhaps he Mann
was as conscientious as he, the juror complain.
ing. 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, but don't remember it. saw no
personal violence. This was on Friday; II
might have been Thursday; it was on the same
morning that was shown the paper; OF least
]. I think it was. | think it was in the same in.
tervicw in which he complained Of the paper
think may have been up there possibly ter
minutes. They did not say what sort of an ex
posure it was to be, except that it was to be in
court. II. 81 a..
Thomas Plun,sM, bailifT, being sworn, said
That, while the jury were at Copps, Mr.. Tur
ner was taken i'll, and his wife came to sec hin
and brought him medicine. Persons came tt