The New York herald., 1871-12-10
The Charge Of Tampering with
the Jury Investigated.
Interesting Testimony Of Jurymsn Upon the
Subject Of Being Improperly Approached.
SECRETS OF THE JURY ROOM UNVEILED.
Elects Of q Fireless Room and Freezing
Temperature Upon tho Tenn
per Of Jurymen.
How a Contumacious Juror Was
Brought to Terms.

4AVw q OBSERVATION-DISCLOSURES OSlAO4 w oS
Brought to Terms.
Among the multtudinous suits brought against
those impressble tigous contestants, Jim Fisk Jr,
and Jay Gould. the one known az the Black Friday
SUIT Ii conspcu0usly prominent The history OF
the oath Of September. 1859, or Black Friday, as
that memorable day universally designated. Is well
known. In Romish history daSs marked BY special
deeds Of glowing renown were ci2racterized as
albG dies and 80 this day, plotted and blurred oy
most infamous attempt to push up the price 0l
gold. blotted ana blurred by the ruin Of
hundreds drawn into the great financial maelstrom,
blotted ana blurred BY CONFUSION in the
money market OF most disastrous and overwhelm-
Ing character, mas on the reverse principle had
given 1t special prominence BY the ..esrgnatorl Of
Black Friday. Jim Fisk. Jr., and jay Could stand
charged with being the prime movers in this nnan-
cial revolution. Not long since J. o. Davis and
others brought
SUIT AGAINST PIsK AND GOULD
and others associated with them to recover losses
alleged to have resulted from transactions IN gold
eliminating on this day. Special Importance at
tached to the suit. not so much for the amount
involved as its being pioneer suit to test the
liability OF Fisk Gould for the losses incurred IN
buying gold upon their orders. Gong through the
unavoidable preliminary ordeal OF tho claws de.
lay" motion and counter molon, demurrer ana
counter demurrer, the suit at length reached trial
In the Superior Court before Judge McCunn. This
trial lasted nearly two weeks and all It's material
revelations were published In the HERALD. Able
lawyers were employed on both Sides Every pos.
sibe resource OF legal stratagem was brought In
requisti0n BY the opposing counsel TO win verdict.
There was long and labored summing up. clear
and comprehensive charge was given BY the Judge
when the case was given to the jury. This was on
the day preceding last Thanksgiving. Then fol-
lowed
WAITING FOR TIE VERDICT.
This proved rather q tedious AFFAIR. The Judge
waited till haf past O'Clock In the evening when
1t was reported that ten stood to the plaintiffs ana
tw0for the defendants. As they could not agree and
rs the Judge would not wait any longer, there was
no help for them but remaining together oil night.
This did not prove an altogether pleasant pastime.
The night was bitterly cold. The engineer or the
heating apparatus or the new Court House forgot
neglected 10 extend to tho room IN which they were
placed the grateful calOric engendercd In the base.
mcnt. They were. however, given larger
room. where more enlarged domain was
allowed for active muscular movements, In.
dispensablc to keep up vitality, and which, happily,
they succeeded IN doing Feeling indlsposed to
keep the Jury together longer than was absolutely
necessary, and lmpeed by generous desire to give
them the opportunity to enjoy their Thanksgiving
dinners at home, the Judge came down early on
that day and again patiently waited their agree.
ment and verdict. or the two contumacious jury.
men ono. 1t was said, had been bought over, but
the other obstnately persisted In dsagrceing while
the eleven 0rrayed against him firmly persisted
IN their united obstinancy. The eleventh obstinate
man refused TO yeld ana at length at one p. NJ, the
twelfth juryman succumbcd to the outward pres.
sure OF his fellow jurymcn or to the inner pressure
FOR his Thanksgiving dinner II Is dilncult to toll
which. At all events the Jury had agreed, were
brought into Court and gave their
VERDICT FOR TIE PLAINTIFFS.
This, on tho face OF It, was all seemingly right and
scales Of jusico-a Dat of honest and Impartial
Judgment. But 1t did not end here. scene cnsued
had 6ecn recorded Mr.. Waiter Gibson tho foreman,
In his place In the jury box and boldly charged
TAMPEaixo WITH TIE JURY.
Tic made quite little speech on the occasion: He
went on to say that he deemed tamperlng with the
Why II should not be punished by death. like any
other jury had been or which no had any .ex.
perence. TnIeo OF their number had
Sesrs SesS anSaS''neo daaS se nuoo SH" asaareomen
BY tho hircings Of the Erie Ring. They were anx
lOus 70 present the facts TO the Grand jury Feel.
Ing thai the Court sympathized with their feelings
against this outrage they congratulated nm upon
the opportunity now presented Of cooperating with
well may hc imagined, was bombshell. rho
Judge looked asionished. The lawyers looked as
his power 70 BRING the guilty parties, II any were
guilty TO justice and gave them III twelve O'Clock
yesterday, whcn he ordered all the members OF the
jury " appear before him. when ne would examine
fully into the facts connected with this very grave
charge sucn, ~ BRIEF are the preliminary facts In
the CASE Aud now We come TO the
INVESTIGATION CHARGE,
as conducted yesterday before Judge McCunn.
OIL present, the Opposing counsel were likewise
promptly In attendance and there was II large
Of case uvolvix sach Trayy ~ OF Of most rare acc
saiion. Judge McCunn did not put III very prompt
appearance. oelng somo hau hour behind time.
Meantime the Jury men kept up lively chat among
themselves. though there was nothing unusual on
the tapls. The assembled crowd kept up u busy
HUN OF CONVERSATION
touching the merits OF the case.
.'Fisk Is sharp aud tricky said one.
''Goud Is the sharrer Of the two." observed an
:.yoth are sharpcrs," exclaimed a third party
stroke at wittictsm which elected difused appre-
citation and complimentary smiles on the par OF
"Fisk thinks money Will do anything, and he has
his cnds,n said fourth person. ''Iie viii do any
tn,ng Tor money himself, ana he thinks others will
sometimes"
''Tne State Prison Is too good place for him, -
"Was there ever more garlng piece OF bribery
tnan that Of Fisk III the''--interrogauveiy began
another party, when the completion OF his question
was interrupted by the exclamation
"Iiats On,n called the Crier OF the Court.
s.Siience In court"
IL Is unnecessary TO say that this exclamation
followed the appearance or Judge McCunn, Who at
once took his seat on the Dencn, and with the
busness-like despatch characteristic OF him,
directly entered upon the business before him, by
stating his readiness 10 hear what any members OF
the Jury ne had summoned to appear before hin
had TO say upon the charge made by the foreman,
that certain OF their number mad been
IMPROPERLY APPROACHED
by persons anxious TO influence their verdict. He
asked the foreman II he had anything TO say add
uonal TO what he said after the rendition OF the
verdict.
Mr.. Gibson, foreman OF the jury, said that he had
simply acted as the mouthpece OF the jury. Three