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

MT McNeIy swears ne OBJECTED to the read1n g
or the paper-that It was not offered in evidence
before the jury, nor given the jury by the court.
After reading the paper Dickson raised his right
| dead"
Juror Doniphan swears to the strong language
used by Dickson in vouching for the truth OF the
| used by the defendant on this occasion, though
they do not agree In the exact words employed.
be two or three hours. when Mr. Dickson pulled
It !the paper out or his coat pocket He said he
I'd a, paper That he wished to read to the jury.
II should be read or not-and 1t was voted to allow
the reading, AM MI. Dickson read It." Juror Cox
| swears he declared before the jury srhat he did
not wish to be Il citizen OF the United States any
longer II what he tD.eksonD read was true" Mr..
Dickson th"n got upon his feet and said ''May
Col rk' me dead II every word in that paper is
not true" This witness further swears he and
Dickson Ola net vote the same way on the ques-
Having stated the evidence OF what was said
ana done about THIS paper before and after the
sfdrr what the defendant said about it after the
verdict After the trial Dickson held several con-
with witness Lowe, of the National Republican.
Kennedy te<tifl p. 63 OF his evidence, that h
conversed with Dickson about the attempt at brl-
berry ana the character OF Bowen. Dickson said
he did not think man like the Attorney General
or brewster Cameron had any knowedgeo OF the at
tempt to br,be him He was aske |, q Was any
thing said as to the purposes which he (Dickson)
believed e Bowen had In appro ,ching him?' Ken
a few days after the trial. He further said ne
thought Bowsn's idea was to go back to the De-
find out whether he Dlckson) was knave or a
to him the day he came out OF the jury room"
ihe remaining witness, whose testimony is OF
can, Mr.: Lowe testifies that he had several con-
mn or IGN: "He said he believed JN Bowen Spa
could be bought; that Bowen had no intention Of
Offering him that amount OF money stated, but
simply to find out whether he could be brbed, and
TO use it IN influence" Dickson stated he be-
lieved Bowen made his proposition OF his own
voIltion without any higher authority.
This witness states the names OF several prom
lnent gentlemen who were present at this con-
Vtr5ation, none OF whom were called to contradict
not deny the conversations held with the different
persons on the occasions referred to, but he
denies that he has been correctly Interpreted and
In view of all the evidence on this part of the
case, 1t seems established by decided prepon-
1:t. That during the week prior to September
9Th, Dickson did not regard Bowen's approac h to
MN IN any other light than as an attempt to find
out now ne stood and would VOTE and not as an
attempt to bribe
End That Immediately after the verdict and dis
Same light and exonerated the Department. of
Justice and even Brewster Cameron from any
ng o or M for n, BowenS
THIS paper reading 1t before the jury after two in
formal ballots had been taken upon the guilt or
truth In every word In the strongest language at
his command.
Again, in evolving Dickson's purpose from his
read this paper at all. 1t was not unknown to the
Jury that this alleged attempt had been made.
before. VIZ. McNelly, Cox, Olcott, Tobrner DOM
phan, and Murray Is 1t not probable the other
SIX sa, knew 1t? Had not the judge charged them
Was this time selected, when the jurors were
about to enter upon the serious and critical dis
cusson and determination of the questions in
volvad in the case? The defendant had reported
the facts to Judge Wylie AMI asked his advice In
ms charge the judge had exhorted the jury IN
earnest words to be brave and true, and render
their verdict upon the evidence in the case, dis
regarding the question OF bribery.
1t seems evident that the defendant had plr-
pose In thus d1sregarding the directions of the
court, which he was determined to Garry into eff
h 1ect at an risks What other purpose could he
nave unless IL was to have Influence upon the
minds OF his fellow jurors In giving their YER
dict
Was this purpose corrupt purpose7 Was the
act or reading corrupt act?
Bowler defines corruption to be San act done
with an Int mt to give some advantage 1nconsIst-
something against laws The words OF this stat
ute .'corruptiy endeavorfng to infiuence'-are in
tended to cover "iegal Influences" By reference
to the definition OF embracery given by. Russell,
VOL l, p ISL, we see that he enunlerates the cor
17tDt means, which may be used to influence jury
ana embrace moneys, PROMISES letters, threats or
DerSuosiOnS." He Says, ut seems clear that any
attempt whatsoever to corrupt influence, or in
struct jury 6etOye hand IN aity lray to incline
them TO be more favorable to one side than TO the
other, by the means before spoken of and in the
way before mentioned, is a proper act or embrace
cry, whether the jurors on whom such attempt Is
made-give any verdict or not, or whether the
verdict given be true or false.
the reading OF this paper was clearly an act,
calculated TO incline jurors to be more favorable
to one side than the other. 1t was calculated to
awaken Indignation. disgust and modification; it
was calculated to disturb the mental and moral
equpoise or the jury so Indispensable to calm and
intelligent deliberation and decision; 1t furnished
an occasion for any juror suddenly unbalanced by
this scandal to gre verdict up0n the Impulse OF
passion or p,'ejudtce. and not upon the evidence.
clared 'if what Dickson read was true, he no
longer desired to b. an American citiz nj
Assuming that Dickson believed fully what he
said he believed, when he read the paper In ques-
ton, he had violated the statute and his oath as
juror; for he had, in entire disregard or tie in
matter not offered in evidence in the case, which
not only might, but calculated unfavorably to
prejudice and Influence the verdict.
II We assume, on the contrary, that he did not
believe that Bowen intended to bride hun, hut
only to fad out how he stood and would vote;
that he did not believe that Bowen bad any all-
thOrty from the Department OF Justice: that
Bowen acted from his own votion; that neither
Brewster Cameron nor the Attorney General had
any Knowledge OF his propOS1tiOn-and yet he read
the paper. with the strong asseverations OF it's
truth, which are in evidence-then the conduct OF
BILE light. That this was his belief few DAYS be-
fore the Sth OF September, ana upon the 1lth or
i.t, immediately after the verdict, is established
by clear preponderance OF evidence Why he
had different opinion on the Sth no satisfactory
explanation has been given.
In either event the conduct OF the defendant
must be deemed to be violation OF section 5404 Of
the Revised Statutes L. S.
When Judge Smell finished reading at 1875 pm,
and then called attention to the question OF bail,
81 would ask, If your honor please" said Mr.
"e1is, tnat bali be liked as before, at $, 800"
same as before. Mr.: Dickson, If not prepared this
moment, may come In this afternoon or tomorrow
morning."
Mr.. Smith, counsel for Dickson at once sent a |
messenger for Mr.. Dickson'S bOndsmen, Messrs
f. E. White and James L. Barbour
A few minutes later Mr.. Cuppy stated to the
court that word had been received from Mr. White |
and 1t would not be convenient for him to come to
court to-day.
Judge Smell said it would be satisfactory to him
II the Dondsmen appeared tomorrow morning
Mr.. Cuppy then renewed his request that the
other case against Mr. Dickson, the charge OF con-
splracy against Messrs. Dickson and Driver, be
disposed Of and he inquired OF the representative
OF the government what he proposed to do about