Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-09-13


he would attend to the matter in time. l
attempted to tell him the facts in the
Bowen interview. but he prevented me.say-
ing he did not care to know the facts in de-
tail or know what side of the case they rep
resented. 1t was apparent a person act
ing for the defense might approach jury
men with corrupt offers, representing them
selves to be in the interest of the prosecu-
tion and vice versa with view of testing
or entrapping jurymen. He again advised
the strictest caution. Later on Mr.. Olcott
intimated to me he had been interviewed
for a corrupt purpose, but did not state
the facts, and Doniphan reported to me
that a man named Shaw had offered him
5000 to clear Dorsey. l advised him to
report the matter to the Judge, and he did
so. Until we took the first informal bal
lot on the afternoon of Friday. Sept. 8, 1
did not know how any of the jury would
vote, nor did I in the slightest degree
endeavored to control their actions.
and L refer to my colleag-
ues to substantiate my statement.
could not discover any possible Grim
mating evidence against S. n. Dorsey
that was supported by undisputed facts.
l Explained my position to my colleagues
fully and freely, and whenever. we dis
cussed charges in the indictment or any of
the overt acts. l supported my position by
facts sworn to by government witnesses.
As TO Brady, the testimony of Walsh. sus-
tanned by collateral facts in the evidence,
was what the prosecution depended upon to
convict him. [ must be allowed to Judge
OF Walsh's highly interesting and illuni-
mated testimony as it impressed me.
and if I did not believe it in its entirety.
or take much stock III the dramatic artist
who delivered it, it is because am differ
entity constituted from many men and I
am sorryto say many Of the public papers
which demanded conviction without hear
ing would have preferred to see set OF
automatOrs or troops of marionetts upon
the jury to decide their case than to de-
pend upon the wavering minds of an hon
est jury sworn to decide as to the facts.
Excuse Ine if l differ with the rest of man
kind and allow me to Judge of my own
res possibility under oath | see it
is stated [ formally swore to my
| interview with Bowen in the presence
of the jury with the object of influencing
them. l know the jury have too much re-
gard for their honors to misstate a single
fact or incident which occurred during our
three days imprisonment. and they will
bear me out in saying twas not until after
McNally, Domphan. Mccarthy and Olcott
incidentally referred to their experience
with jury-f1ers, and reference to the pub
lished statements in the shape of interviews
in last Fridays Post. that I took up my
written statement and submitted the cues
tion to them as to the propriety of my
reading it to them. General consent was
given, and so careful was that positively
told them it was not intended to have the
slightest weight with any of them or warp
their Judgment. The statement 1 read
them was the original one
l had written on my return to my home on
the night of August %, after the Bowen
interview, and at its close solemnly said
Knowing and believing I have God to
meet, say every word of that statement
is true; so help ne Cod
Others then told their experiences and
prefaced them with the same remarks as |
made, that they were not given to influence
anyone. and that it was impossible to
judge in whose interest the corrupt offer
was made, as suggested by Judge Wylie.
The result of the verdict was as unsatis-
factory to me as it was to any of the coun-
sci. 1t was inconsistent. The jury did
not expect to render verdict when we
were called in yesterday afternoon. They
| had decided by vote OF eleven to one that
the foreman should not report unless the
! judge commanded him to do so. Judge
Wylie did direct me to report. l turned to
the jury and asked them as to whether ]
should report according to our last ballot
did this so that if there were any doubt
ing minds on the jury, Il last chance was
given them to change their vote if desira
bic. Each and every man asserting tc
my reporting the result 1 did so
l helieve conspiracy was made out as tc
some of the contractors who were organ
lied apparently with a view of obtaining
contracts upon unfrequented territory o.
in growing section at low figures, and by
representations of facts and petitioners t
the department secure expedition and in
crease until the figures reached large
sums. [ believed this was the system
yearly done by them through their officers
located here and the principal sufferer
were the sub-cOntractors whose losses com
pared with the government were ten time
greater. 1 believe IN MANI
instances the department wa:
imposed out by misrepresentation
which probably made orders were secured
Take any executive officer under the gov
eminent. / care not who. and I know from
my experience it Is physical impossible
ity, considering the growing wants Of th
people to personally inspect. examine an,
discover the true inwardness of the effec
of each order he issues in the manifold
duties assigned him, and then the exercis
Of mistaken judgment should be consid
cred by every liberal mind. If juries ar
to be composed of men who do not thin1
and act for themselves and who are ex
4 pected to accept circumstantial evidence a
fact and shadows as proof. then the au
thorities made a woeful mistake when the
drew my name from the wheel.
In regard to the Bowen matter. I hav
copied the statement l made out on tn
night of August 23rd and placed it in tn
hands of the district attorney for actor
and this afternoon 1 shall write to the al
torney general asking for an irlmediat
investigation, and demanding as a citize
T the protection of his department from th
vicious. malicious and contemplate attack
of his officers of justice upon a juror VIII
dared vote for his honest convictions.
the brilliant Merrick imagines he can sus
tain his views of my course by abuse. ca