Wilmington journal., 1875-07-16
SUPERIOR COURT.
The Harper case Again-Verdict OF
Have Reen II a mn p Q d with -
investigation OF the IN a ter
Judge McKOy Indignant.

Have Reen II q mn p d With
investigation of the IN alter
Judge McKOy Indignant.
After Court commenced its morning
session on yesterday, His Honor dl-
rooted the sheriff to cause the jury in
the case of the State vs.. William rish-
or and John Fisher to take their seats
in the Jury box. The testimony in the
case was reported in full in the JOUR-
NAL of yesterday, and must have pre-
sented to the minds of its readers ii
singularly strong case of closely con-
nected chain of clrcumstantial evi-
dence; and no doubt this must have
been the light in which His Honor
viewed the facts of the cass, from the
proceedings which followed the rendi-
tion of the verdict, the Judge evident
ly being surprised at its character.
When the jury had taken their seats
and answered to their names, His
Honor asked the question: Gentle
men, have you agreed in your YER
dict?" One of them rising, replied,
1--WE have, and find the defendants
not guilty."
Th. Judge then said he regretted
that jury could have been found in
New Hanover county who would re-
turn such q verdict in such q case as
| this. He had never seen q palmer
case. But although the case was 50
plain. and the testimony introduced
| in behalf of the State was 80 conclu-
| sive of the guilt of the defendants,
| yet, inasmuch as the law makes the
jury the judges of the facts, and Their
| tiuding final, he would make no COM
ments on this verdict, were he not
| under the impression that the jury
had been tampered with by outside in
| fuences. He could account for their
verdict in no other way. Addressing
himself to the jury, he said, Your
| finding in this cause convlnces me
that you are unfit to be entrusted, as
a jury, with the trial CT causes in this
Court. and you will therefore be dis
charged.
| Mr.. Solicitor Norment-If your
Honor please, since your Honor has
Ill my Judgment 50 properly animal
verted upon the finding of this jury,
think 1t proper, just here, for me to
state that Information has just reached
me to the effect that one of the juro. u
| in
trial of this case, drinking with one of
the witnesses for the defendants.
Judge McKoy-What is the name OF
the juror?
MIR. Solicitor Norment-His name is
| Merrick
| Judge McKoy addressing this Juror
stand up. What have you to say
Merrick confessed that he took the
drink, but stated that he went into the
bar-room for that purpose, and paid
for the liquor with his own money;
that the witness for the defendants
came into the bar-room after him and
drank with him, but that he, the Juror,
paid for the liquor.
His Honor then said to the iury
that whenever grand juries or petit
luries failed to discharge their duties.
of bloodshed and violence. Men OF
spirit will take justice in their own
hands if they seek redress in the conrts
and fail to hud it. This sitting OF
justice in the courts of justice would
lead to results which would be disas-
trous to the whole country.
Turning to MIR. Morris. one of the
County Commissioners, the Judge
stated that he had sent for him to en-
quire how often the Board of County
Commissioners revised the jury list.
Receiving the reply that 1t was done
once in every twelve months, His
Honor instructed him that in Their
revislons of this list the County Com
m1ssioners should be very careful to
put no name in the box that did not
bear a character which was known to
be good.
Addressing Solicitor Norment again,
Judge Mckoy said, Mr.. Solicitor, you
can inquire into this matter of the
juror Merrick and see If there be
grounds for prosecution.
John LOndon Esq, said that al
though he was the counsel for the de-
PENDANTS he did not know that it de-
volved on him to say anything, yet be
thought he might with propriety say
that while the conduct of the Juror
was reprehensibls and unjustifed, he
| might have been acting in ignorance
of his duties and requirements, and
perhaps meant to do no wrong.
Solicitor Norment.-f your Honor
please. I have just learned that one of
the witnesses for the defendants.
Larry Fisher, who is son of one
of the defendants and brother to the
other, was seen noddinG and winkine
to the jury. through the window,
while they were in the room making
up their verdict.
Judge McKoy-Well sir, let him be
arrested, and have the matter investi-
gated. Then turning to the jury, he
said You can be discharged.
To Sheriff Manning Mr. Sheriff.
you Will not summon any of these
men as tallsmen on any jury before
me.
At this time Deputy Sheriff Morris
brought into Court, under arrest, the
man Larry Fisher, who was said to
have been tampering with the Jury
Deputy Sheriff Hewlett Vas put up
on the stand and examined by the So
licitor.
Question-State to His Honor, what
| you know or Larry Fishers tamper-
ing with the jury
Answer-The jury was in the room,
(pointing to the jury-reom adjoining
| the Court room) L saw Larry Fisher
standing on the ground and looking UP
at the window where the jury was, ges-
tlculating and making motions with
his mouth and hands as if he was talk
| ing to them. Whenever one of the
| Jurors would come down in charge of
| the officer to go to the water-close.,
| this man Larry Fisher would run ahead
and get to the water-closet first. I do
not know what he said to them, but
this occurred four or five times.
Q.-Wsre you standing where you
could see all this distinctly?
Al was.
Examined by Mr.. London-O.
When did you first speak of this =? A.
This morning. Q. Why did you not
speak of it On yesterday A. 1
thought it was none of my business: