The New York herald., 1871-12-19
THAT BLACK FRIDAY SUIT.
The Charge OF Tampering
with the Jury.
Notion to Set Aside tho verdiot-More Afadavits
Of the Jurors-Two OF tho Alleged Attempted
Brlbers Tell Their story-A Woman
In the Case-Curious Combination
a Of Conflicting StatemsntA

tiOns present themselves In the or alleged tam
perng with the jury In the suit Of J. u Davis and
others against Jim Fisk and Jay Gould and others,
TO recover losses said to have resulted on the
memorable Black Friday from buying gold on the
latter's orders. In the Superior Court Special Term
Judge Freedman on the bench, motion yesterday
was made 10 SET aside tho verdiot-such verdict as
Is well known, being against the defendants There
was large gathering In the Court room, including,
besides most OF the jurors In the case and their
opposing counsel, Mr. Albert Stckney, who,
appears for the paintGs. and MI. David Dudley
Field. representing the defendants, o number OF
prominent Wall street brokers Interested In other
similar suits waiting prosecution against the same
parties. The proceedings opened with reading am
davits by Mr. Field, VINO makes the motion. These
afadavits some OF which are given below in full.
and the substance OF the resr show up the curious
complications OF the case quite as succnctly and
pertinenty any narrative possibly could, ana We
therefore let them tell their own story. First In
order was read the vE
AFFIDAVIT OF GEORGE 3. SHARP.
George b. Sharp, being duly sworn, deposes aa
folows-
retired about hve on Wednesday, the 10Th of Novem-
psntGa two for defendants and one reserved Mr pavs
IL ss %so Il % 1oss sr e; MI
changed hs vote and Joined the other for the paina
T ~ e n Nv: IL S K
al 60 sss 1as %
away. Mr. Davis IN hastv manner. said. "Dsmn you.
h Ss &c
Gs : w.s Obliged 70 70. s uD
move aboa. % keep warm Aoou. Ten oc!oes on Thusae
As Ssa.s a S VIE e. u as ~. o
svsr % s% 0s ws Or hrss a. . n Sas
Oouri gave for the pantiGs The rope spoken
something OF that sort.
WALTER GIBsON's AFFIDAVIT.
he Ew.. :soai sw,shi when iSe Jury OUT On
asssndsn and nine @ for The psusa. % We came IN AZ
2d a .s
D Tns nigh. cold and tue room no! properly hsa;s
S5:s :sSs ars; A. aSi . y:ssss
1Ss
s.1 x e s .
s ss 70 have M ss
In your 3 "Y0a orn, to S. have y.~s sO.ns. sposa
p: !. could "a b %a a Il ;eGS%c.ned with OAh' and se
james OBricn in his anldav, says:We came in In The
Wa = 1ss s.' s = ssss.
r. SsS,s:s Z; -
r.: s' III
,IS TSs jay came .sG1. osoo. and ;i..ss
sucsn s"aenes Geioae me 70 bring IN ,erds Tor H.:
pI.s!lS aSds.:;coa i1s ssass q w TaeTs ";
dence 70 u.s. The jury then consulted again IN the
Ssns Ss s Sa Ss '
asre. about aaps'; one or two osos. M. Davis
alns g ana ss1s % prosns
broe or in any way TO influence verdict except tho
"''N' : W DR. IA ALsxxNDER KIxo's AFFIDAVIT. s
xr KnS e's Sa 10 @
count Se testimony o. W l. b.y given before hr jus.
% s md sacr s .s
sp.9 @ Sss. r sa.
' roO%s u connecsion With eer..n youns SI0'ns WS
ss 'sI':s .sss s'ss 8;
ssl bsS,: ssss we're al ssal lime me n ~. ND
ana he bsv. sss.ssr Ss. sSs said Dsys
J, ..s e
whf:asI PaS,
20 he house SAID Davis leaving me ou.,d 60 Il
And 4 Davis .sr: We hsfeiore ven. together .
5ny motive had taxing ,hsss sssp: % sss:. Ss
he ss1 ssia psSi. wi @ wa. Know
s sns so fSs 90
's'u' q ''V1fSs omssTsR % o'sslIIs 1sSiD1vi
so sssa OF his s me
on Sunday evening" aSn then had no g
morning, pecsmber TO- as having been testified Sy ihs
or IN S 10 me e. 10 Is ..
Twelfth street. where he mad been that afternoon With !h9
s.s Es 81 ,
this lad tho slightest idea OF speaking TO-
as sss DsT, ss ss 4
K es s % o e D s% Davis
with the young woman IN the adav n. Of xins above men
mine only.
MR.. FIELDS ARGUMENT.
The reading OF the above aflidavits being con-
cluded MIR Field pressed his motion TO set aside
the verdict In speecn OF considerable length. the
main points OF his argument wero. that the verdict
produced by coercion by the Court; second, tnss
there was some sort OF tamperiny with the Jury,
third, that the sienographers notes OF the evidence
marked oy the plaintiffs attorney were handed v
coSnse ana iour,n, that the jury, or some Of sSem
were coerced by violence IN the Jury room on tho
OPPOSITION TO THE MOTION.
MIR. STTcKEEY submitted In opposition to tho mo-
tion the a1davits OF Isaac o.. Davis and the other
pain.i1s These aflidavlts SGT forth that they dld
not have any communication directly or indirectly,
with the jurors; that no attempt was made with
and tnat they mad nothing to do with the publica-
tion Of anything IN the newspapers regarding the
denying the assertion OF juror O'Brien that Judge
McOunn made use OF the expression, .'vnerc - ev.
objected 70 the stenographer's minutes being gwen
to the jury.
FURTHER AFF1DAvfTS.
George B. Sharp, one OF the jurors, made an adiI~
s,onal afldsyt tnst no threat was made m against
that NO violence was 0nercd TO any Juror.
Frederick Phillips made afiidavit that n0thing was
said about bribes until after the jury had taken their
nrst ballot. t
James whitney and william vciser state
in their effidavits that nothing serioun
was said or intimated against O'Brieu,
and they both, a. we'll as J. K. Davis. unite Ia say
ing Mat nothing Was SAID 70 0'Brien win The 10
sign 70 oppose his Judgment, and that no one ap.
preached them In any way 70 influence their verdict
~. cticknoy followed up his batch vi anidnvlts
win long drawn out argument In opposittun To
the grounds taken BY the opposing counsel. .ns*