The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-04-06


four OF the jurors corrupuy to obtain money
from the parties interested. Distinct and un-
equtvocal propositions TO that effect we're made
by them not once only, but this was repeated
on several occasions, aud to different persons;
and although the evidence as clearly
lalis establish that In any instance the
solicitation on the part Of these persons
was successful, and on the contrary, that In
each case 1t was declined, and by Mr.. Ashhurst
representing John V. Frazer and Edward Pep
per, and by Charles Wheeler, acting for himself
was not only refused but by both these gentle
men was promptly communicated to the City
Solicitor, vet there is such taint of corruption,
OF the grossest character attaching to the con-
duct OF portion OF the jury, that we feel COM
PEELED to refuse to confirm their action by sus-
tanning any portion of the report.
We have come to the conclusion, after mature
consideration, that we cannot ADOPT and make
our own by ratification, the proceedings or Off
cial acts of this jury; that to do so, would be
q wrong 70 the public in the administration of
the law. This determination we are we'll aware
will materially retard and interfere with the
successful conclusion OF subject of great
public interest--that 1t will bear with much
hardship on some of claimants for damages,
VINO stand in pressing need Of the money due
them for property which the city has appro-
priated 10 public use, by which appropriation
the hands of these owners were ehectually tied
and all improvement prevented, TO their most
serious injury and loss.
Yet these considerations, weighty and inn
portant as they are, ought not, we think, to
prevent us from dlscharging the more import
ant duty which we owe TO the public, to
endeavor to keep pure the channels through
which flow the very life-blood of the nation.
The evidence before us is so full and decided
that no one, we think can fail, after perusal
OF it,, to agree with us that this entire report
ought to be set aside upon the testimony taken
before the examiner. From the testimony thus
taken we extract the following:-
Mr Charles Wheeler testified that he was the owner
Erwin, Jr, was but superintendent; says he had no
hterVlew with the jury during their sessions except
liOnSl Bank, of which l am a director; sitting
m al t19 ,b%nl %9dUw az "en and asKed Ery1
| what those men wanted there. He said he didn't
cason, one of the jury came me- when was in the
6n nix and held paper IN his us hand showing m s5 OF
mount property, and pointed to my name and the
TO- m him supposed would hear OnCiay ana that
lad nothing 70 say to him, and turned away. MT
december 1865, which he said he found on his desk
NE ss also Sd 5 st og the Sy
a piled to him for money stating that II he gave
4, @ az or s9 hez wSa as "fe SAW
Ills note 1 speak Of, ana heard, these reports. 1
Informed my counsel and we both decided to inform
COPY OF THE NOTE REFERRED TO.
PHILADELPHIA December 2, ls65:-Mr: Iryin-Dear
sIought SG"' case would be 5sEa put
WGeeier eSpeets to Fss damages, ought
owner They ana your aTm are peter All f,
sS @ me in BANK in some other mans name and thef
send them checks, and all Will be : right:
have no knowledge of the handwriting of this note
NOR of the source from which 1t came. was neve
approached by any of the jury In person, except o.
the one occasion, when saw the memorandum of tn
SLOWED me the memor andum was one OF the jGrymeI
On this occasion the juryman did not say he wante
manner that he wanted money. / drew this inferenC
nom his silence, his waiting, and his manner.
Before the Examiner it was admitted thes
matters we're communicated by Mr.. Morris
who was of counsel for Mr.. Wheeler, to the CIT
Solicitor on the 6th of December, 1865. MI
Erwin testified as foloWs:-
the person referred to by Mr., Wheeler in his dc
position just tRken am the superintendent of hi
ml--his general business agent. The first time
saw any OF the jurors outside OF the jury room wa
one afternoon pending the case Mr.. Elliott. one o
the jury came to the min a. FaT1G1nG i9 ia GomPsn
look him through the MILL explaining as best could
submitted by the witnesses who were called on behal
M I Snd IS TOs R 9 cs9es 9e % OF
kind, and cited an instance where think, he ha'
on and party that jury barSy 70
good damages, whereas the others were small an
positive he said hewas on that jury; opinion Il
he said was. Next time met them was three OF
tie argument Was Closed They came out to View H
property, aud spent the afternoon with them, show
night, took the jury out to the Falls and gave then
that interview About a week after, all the jury, ex
cept Mr. Marks, came out to look at our property !
L reCOlIpC
who suggested that inasmGch as all the ju"v
nd not geI the good supper that ought to take t4en
st,er suppose a week after this saw all the jury al
! icke's, apother claimant; as / passed stopped tC
stairs, where they had supper at this time. When
Tie jury, Who said he Would like to see me BY mysei
lCld him the location, and that was there pretty
much all the time during business hours; he answered
lett him. He came the next morning, and L asked
him what he wanted with me; he told me our case
meaning MrW heelers was very large one. and some
the jury would be hard 10 get big damages out Of
could do more with Mr.. Wheeler than they could
tod % e aHd he ssS he WGua eome back The
day. not, however at my solicitation phe next aSy M
j. Iohan, three OF the jurors was inside Of the rail
inEs Of the bank, bnsy at the time they came In; anc
in; Mr.. Wheeler noticing them. asked ms
what these men were waiting for and told him
see me the day before requesting TO solicit some
tLing from him on account Of his property a! Fair
cent in his lite as a brbe, and he considered any
money coming to any one from such source would
nom HIM TO the jurors and asked them they wanteC
70 see me they said that they had c1iled TO see wha
TemRrking he went out that he was very sorry ina
Sloan called again himself and stated that the jars
had had a conference, and the majority OF them
they could get him SlSOOOO damages. and for every
additional $1,000 he might give him cash, they would
Fio%It % reoSuested him to ask that il We would no
give il before the award was made whether he would
HL pTa We i 2 Rots se award % made told him hs
Mr. Wheeler had given all the answer @ Yesterday that
alter thai time A few days after this conversation
probably TWO or three iSP1G hh ToIe ] 0n my desk a.
| an ANONYMOUS communication in relation to this
M "a hS Ss boys ABOUT the bank If thew
who left Il, any one leave IT, the clerk in my
| amer / had gone away ia the afternoon without