The Evening critic., 1882-12-05
THE DICKSON CASE
Called At Last-JurOr McNciIy'a
Queer AHidavit-wbat Dickson Did
in the Jury Room Was Mt the Re
auest OF the Jurors.

conspiracy and also with attempting to in.
1uonco tho vote OF a Juror, were called for
trial.
peared for the defendant and Governor II. II.
Wells for the prosecution, assisted By W. W.
Ker and Brewster Cameron,
Almost all the late Star.Houte Jury were IN
attendance whom the trial opened.
Governor Wells called the attention OF tho
Court to case 22,5S1, United states Va, William
Dickson, charging that gentleman with read.
Ing In tho jury-room his anidavit concerning
The Attempts Made by Henry A.
Bowen to Bride Him
10 vote for conviction. Tho warrant, which
is composed OF tho afIldayit OF Mathew Nc.
Nelly, describing the reading OF the Dickson
afiidavit in the iury.room, was then read by
Governor Wells and Mr.. Dickson entered
Judge Cuppy asked whether the ontlro Star.
Route Jury had been subpGnaed, and Gov.
ernor Wells responded that Messre. McNelly,
Doniphan, Cox, olcott McLain and Tobriner
had been summoned and were present.
Charles Moore was called 10 Identify q copy
Of the Dickson afldavit. Witness was assistant
ITO SG
afldavit TO which Mr.. Dickson swore in Sep
TENDER last and believed the paper handed to
acribed and sworn before him; had turned the
Dickson anldavit over to Governor Wells.
Cross.cxamined by MFR. sfnith-Mr. Dickson
came to- witness Just as the other Jurors did,
and there was nothing singular about the do.
PENDANTS course In the matter. Witness had
not been specially assigned to the duty of
Mr.. Merfick and Colonel Corkhill considered
him proper person for the duty.
The Star OF the East.
Juror Matthew McNclly was called and sworn.
Witness had been personally acquainted with
the defendant for six or soyen months, and
was acquainted with all the Jurymen. Whom
Mr. Dickson proposed to read his account OF
the approaches made TO him In the iury.room
witness objected, as ho did not think tho docu-
ment should 20 read, but several Jurors said
that Mr.. Dickson should BIO allowed to read It,
@na 'he matter rT pelng put 10 vote the d4cu
juror objected to the reading, but the majority
were in favor OF It..
AFFIDAVIT, and asked whethorit was n correct
copy OF what was read in the jury-room by the
defendant.
The defense objected to tbs non.introduc-
ton OF the original papers instead of certified
copy.
not admissible unless some foundation was
laid for the same
Governor Wells said he would lay the neces-
sary foundation and was sworn and testified
to submitting the original Dickson afldavlt to
the Department OF Justice, and getting the pa
per now submitted as q certified copy. The
paper was then introduced.
During tho reading OF the affldavlt tho at
tendance In the courtroom, which had at first
been slim, was greatly augmented, and the re-
mainder OF tho session was attended by an i'm.
MIR. 1icNeIIy Was Recalled
and stated the details Of the statement made
by the defendant in tho iury.room. Witness
said Mr.. Dickson had first told him of the at
tempt to bribe him on tho street, and witness
had told him that he did not take much stock
In the matter and believed 1t to be another
"safe burglary case" Witness had heard tho
account Of Bowen's approaches read again by
Dickson at the National Hotel while tho Jury
wero locked up celebrating on their verdict.
When he first heard the statement read he
thought Mr.. Dickson held up his right hand
and invoked the Almighty to strike him dead
II the statements were not strictly and lit
orally true.
witness had understood tho Court to refuse
TO allow papers to DO taken into the Jury. room.
CrOss.Examined
| by Mr.. Smith-Witness had occupied seat be-
| side Mr.. Dickson during the trial and had dis
| cussed law and evidence with him. Mr.. Dick
| son had never made any approach to him
| which would indicate that he wished to dis
honestly influence him In the interest OF
| Witness believed the defendant had been
tho first to recount his approaches In the jury
| room, although
several Others Did the Same,
| and he himself told his experience.
Fully two.thirds Of the Jury had requested
| the reading, Mr.. Cox, for instance, being quite
| anxious TO hear the statement, and mt tho con-
| clusion of the reading had exclaimed: "My
God, gentlemen, II those statements are true,
DO Not Want 10 BE nm American
Citizen Amy LONGER
Witness did not believe word of Mr.. Dick.
| sons statement road In tho Jury-room, and
| had probably said so to his fellow-jurymen
Witness had not stated this to Mr.. Moore, or
sworn 10 II before him, because no did not
know Mr.. Moore was deputlzed to take such
| aflldavits. Witness made his affidavit finally
before Governor Wells, In the interest of Mr.
Dickson, rs he believed 1t burning shame
that MrDickson should be under such charges
moment later
| witness COntradicteu this State,
| ment,
and expressed his belief that tho defendant
was trying to corruptly influence the jury.
When witness Went TO Governor VOLS e
make his affidavit the AFFIDAVIT was already
prepared, or being prepared, by Governor
Wells or his son, and was not dictated by wit
ness.
When completed, witness was asked by
Governor Wells whether no would swear &c
what had been prepared, and he did so. Wit
ness supposed Governor Wells had known the
facts which he was willing to swear to before
Witness had never been corruptly up
preached by the defendant, but the latter had
| discussed the character of Walsh, the witness
and condemned him as a man who could no
| DO believed on oath.
Witness had not been offered inducement;
| TO testify or to make an affidavit and had moi
been offered n Fposition in tho Department O.
Justice and would not accept 1t II he was
None of his relatives wanted positions In tina
| Department., had been offered positions OF
would accept them.
/ Juror George w. Cox
was called and testified TO being member o
| tho Jury, TO knowing the other Jurors. He no
membered that after the jury had retired ant
one vote been taken Mr.. Dickson announced
| that he had q paper which he wished to reat
to tho Jury, and Juror McNelly objected
| Witness asked for q vote as to whether TN
| paper should be read, and II was decided tina
| II should. Mr.. Dickson read tho document
| and then took an informal oath to Its trnth
and witness said that II It was true he wantet
to!remain an American citizen no longer.
| After tho reading OF tho document, .angr.
discussions arose among tho Jurors, and elgh
Of them expressed their regret that 1t has
| been read.
Judge Smell at this point
Fired OF % Premature Decision,
In which no said that tho reading OF such
paper as that In iury.room was SUFFICIENT Z
| set aside any verdict which might be rendere'
after II had been read
| jury must decide case upon the ovldenc
| offered, lust as II was offered, and that the IN
| PRODUCTION OF any such outside matter wa
manEestly improper, and could not but hay
prejudicial effect.
At the conclusion OF Juror Doniphan's cross
examination, Juror Tobriner was called, bu
| tho court adjourned before he was sworn.
|
In the Criminal Court To-day.
In the Criminal Court this morning tho wor
Of organizing the turies for the Decembe
term was resumed.
At the time the court opened there was pres
ent, OF the Star-Routo defendants, Harvey n
Vale, General Thomas j. Brady, John W. Dol
sey, John II. Miner, and NJ. @. Rerdefl.
OF counsel Mr.. Walter d. Davidge made hi
first appearance In tho case, and occupied
| seat at the counsel table. There were ais
| nresont General Henkle, L. O.. Hlne, W,