Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-01-08

Important Decision BY Judge Smell.
he HOLDS DICKSON GUILTY OF AN ILLEGAL At
TEMPT TO INFLUENCE The STAR ROUTE JURY.


Trends and the counsel engaged In the case
assembled In the Police Court as Judre Smell had
given notice that at that ho!r he would deliver
Ms decision in the case OF WIN Dickson late fore
man OF The star route jury, charged, on section
"tV' IL 'isci statutes, with corruply endeavori ng
ID In eace the star route jury. The court room
was =" IL niied with Spectators, an much inter-
81 was shown In the outcome o. tn, hearing
which has e1cup ed the Police Court for several
Weeks. Ju Ire Slel appeared on the bench few
minutes ai!er twelve, and at proceeded to de-
H'er MS OPINION. which was as follows;
TIE tHiffd States rs. WiUidn Dickson
Upon bJtl sizes thu case before the Court has
been ve'y 'Qroughly. ably and earnestly pres mt
Ell by cr!aant cdun eel who have fully apprcci-
ated the gravity OF the question 1T Is sue.
Thc c@S: /, unqIestionIbiy one or unusual inter-
est ami Importance, eicning far beyond any
personal con st!erat N o. the party accuse; 1t is
unusual AMI noVebting the first which has arisen
In this juri d:ction invOIvln. a construction OF
the Act OF Congress OF June TO- 1872. 1t is import
ant because its ultimate decision will become a
precedent in5tructng jurors In the discharge Of
the responsible duties they are called upon to per-
form in the administration OF Justice.
The object OF the statute, says Judge Field Of
the Supreme Court o. the UniIeI States, in a re-
cent charge to grand jury is that the jury shall
be secure from intimidation and personal influe
OF every kind
The defendant, william Dickson, is charged
with the violation of section 81 ,vise1 Statutes
OF The l nited States which is as follows:
That every .ersol who corruptly endeavors to in
n sy M late Or eda any grand Or petit juror
duti, or who corr Ii'tly Cb-tructs impeies
beavers TO Influence OF struct OF impede the de admin
OF not more Than che thousand dollars. or by rrson-
inprisonm Mt"
Tbs statute is the recognition OF common law
principle by Congress- In the books the offcnse Is
described as species OF maintenance technically
termed eGbracery. (Cokes Littleton. nber 3, c. 10,
note A, section 7O1. D. $50; Hawkins, %. c. c. So S.
II, T. Blackstone, y. 140)
Russell in his work ON crimes. vol. l, and D. 1871,
says: cit seems clear that any attempt waso
ever to corrupt or influence or instruct jury in
the cause beforehand, or in any way to incline
then, to be more favorable to one side than to the
other, by money, PROMISES, letters, threats or per-
suasions, except only by tie strength Of the evil
dence, and the argument OF counsel in open court
at the trial or the cauSe-tS a proper act OF
Is made give ally verdict or not, or whether the
yerCit gwen be true or false"
The Statute we are considering was evidently
designed 10 remedy the identical mischief so
clearly described by RUSSELL and in the language
OF Judge Field ito secure them from intnda-
ton or personal influence OF every kind" 1t ism
evidence that the defendant one OF the star route
Jurors. On the Sth ef september, few hours after
the cause had been committed to this jury
and after the jurors had been admonished
not to consider the subject OF bribery in their de-
nberatlons did produce and read to said jury the
him and one Henry A Bowen. 1t Is in evidence
that the jury had taken one or two ballots upon
the guilt or Innocence CT the DEFENDANTS; that two
or three jurors protested against the reading OF
this paper. but the majority concurred In it's read
ing; that the defendant declared in the most posi-
tive manner that this statement was true, and
called God to witness to its truth. There is no
proof that any juror changed his vote on account
OF OF what took place But 1t is In evidence that
Dickson voted to acquit some of the defendants,
though he joined In the verdict az ainSt Rerdeil
and Miner.
WAS THE CONDUCT OF TIE DEFENDANT VIOLA
TON OF THIS STATUTE?
In order to understand what opportunities the
jury had to learn their duties in this very impor
tant case, complicated as 1t was by a ScandalOuS
attempt to influence and corrupt them. it Is only
to refer to the very clear and emphatic
charge OF Judge Wylie upon this subject p. 1885,
Record OF Star Route Trial, vol. 3. Judge Wylie
said:
IF the Information which has reached nv ears be
Is technically called in New York of fixing the Jury
~. roo7d be very natural that any of you ,rho hare
You would 10 likely feel sIc a revuisIon OF feeling
rered 10 the ot4r Side hn 1er ana Insult as to
about that and not erea let tha interfere tch catn
AM, IhssG men s 20; De sd according to the euece.
brave be SO true TO yourself that not that insult
nl.ll disturb the equan1mIty OF and
Judgments
Col. Ingersoll suggested to the court swhether it
might not b. proper for the members OF the jury
TO tel! each other what persons had approached
them"
Judge wylie said, ''No. 1 DO not want to have
that inquiry started in the jury room" z. 3,l97,
Vol. 3, Star Route Record.
Neither the jury nor its foreman can claim, in
view or this evidence, that they actel ignorantly
directions OF the court. The history Of the case
shows that the misconduct OF the jury in enter
tanning this statement and discussing the prohib-
1t d matter OF bribery WAS the ground upon which
the verdict was st aside. In the proceedings OF
the case Subsequent TO the trial, upon motion to
set aside the yerict-RecOrd Star Route Trials,
vol. B. p. 3,2e1-Judse Wylte said:
Beyond he affidavit of Dickson there is the mscop-
quot OF the jury after they retired for deIibsraton in
Which was prohibited subject for the jury before ey
s t 'ns box e on bot. sides. haze conceded tat
conn iIs on 'ps 10th f9u d to a. What is t
he Of bbe no oe N en an 5 e
the otter was talked about. discussed, and may have
II viii therefore award new trial in the case"
AS we have seen, from the history of the case,
the star route verdict was set aside on account OF
cally based upon the conduct of the defendant,
In producing and reading the statement before the
si7tant District Attorney Moore, and which he now
swears to be true. The government by its c0un-
Sell rests us case upon the testimony Of the Jurors
touching the conduct and conversations OF the de-
ferdant before the Sth Of September, and while
considering their verdict in the j,j room, on the
eth OF SEPTEMBER upon tcIdt tie defendant him
SeV said ana ala in the jury room; and achat he
SGtd ana did subsequently to The reTdiCt, as estab-
lished by other witnesses.
The testimony OF Bowen, whose examination
so much time, is not relied upon by the
government, and the court is thus relieved from
any special discussion OF BOwen's connection with
tie Case. As the assumption that the statement
or the defendant correctly represents what uran-
spred between himself and Bowen on the 23d OF
August presents his case In the most favorable
light. we VIII now proceed to examine the re-
manning evidence-which Is material to the uues-
tons involved in this investigation.
WHAT THE DEFENDANT SAID TO HIS FELLOw-JuRYNES
BEFORE THE EIGHTH OF SEPTEMBER
In order to judge OF the defendants conduct in
relation to this case 1T will be necessary to give
our attention. in detail. to his conversations with
his felow-jurOrs Immediately after the alleged
Bowen interview. He spoke OF Bowen's attempt
to bride him TO several Jurors on AZ street, and
showed them his statement, reading portions OF 1t.
juror McNelly says, page 90 or testmOny-in-
chiet: ION AZ street one morning l was coming
up In company with Mr. Cox and Donphan. Mr.,
Dickson came across the street and he made the
startling announcement that he had been at
tempted to be brtbed. He said the man who made
the attempt was Bowen. told him l did not
take any stock in 1t; that thought it was sec
Ond safe-burglary affair.""
Again, this witness says: ga few days after this
conversation i was coming up Louisiana avenue
and Mr.. Dickson called TO me and opened that