Frostburg mining journal., 1883-05-12

Il
defendants. They are very lengthy
and would occupy about page Of
the Netvs. As their publication in
full, would bo impracticsLle. we give
csrefully-prspsre abstrcts.
Moses R. Wilson, one Of the petit
Ijury of the April term, affirmed that
W. R. Percy had approached him and
said that he wanted him (Wilson) on
the jury; that he [Pelcy) was big
taxpayer in FroItburg and that the
plaintiffs were not entitled to damages.
Mr.. Wilson replied that be supposed
that he had come to the wrong man /;
that he (Wilson) would decide so-
cording to the evidence.
| A. P. Twigg and G. O. Willison
affirmed that Smelta Former mayor
of Frostburg) and Owen England had
talked about the case to number Of
peraons at the fremont House, among
whom were Hopkins and Towlss,
Jurors On the Tiddy case.
D. J. Blsckiston and A. A. Wilson
affirmed that while in the court room
on the night the jury went out Owen
England held two conversations in
Welsh through the ksyhole with
Daniel Hopkins, one OF the jury.
Moses R. Wilson, one of the jury, ssb-
stantiated this.
The afidavits filed by the defend
ant counsel were in substance as fol-
lows:
w. R. Percy affirmed that he did
not approach" Moses R. Wilson on
the subject of the case, bat that Will
son approached him and asked him
about the suit. He described the
suit and told Wilson that the thor
oughfare in question was a private
alley and not a phblic street denies
telling Wilson he wanted him on the
jury.
A. Smsltz affirmed that @. @. Will
lison approached him at the fremont
House about the case and said plain
tiff had made a strong case; Willison
had then heard but one side of the
case. He then explained the case to
Wilson. Neither Hopkins nor
Towlss was present.
A. M. Rush remembers noticing
the conversation, but only stopped q
moment and could not say whether
any Of the jurors were in the party.
Daniel Hopkins and Jason Towles
denied having had such a converse.
tlon Hopkins admitted that England
asked him twice in Welsh how the
jury stood and he answered him.
Owen England affirmed that he and
others were in the court room while
the jury was out and the crowd were
joking and laughing. Some one
wanted to know how the jury stood
and hs volunteered to ascertain nc
one objected and Mr.. Blackiston said
it was "sll right" He asked Hop.
kins how the jury stood. Once after
he made the inquiry Mr.. Blackiston
asked him what Hopkins said.
The plaintiff filed cross-afidavits:
Daniel Houck. janitor at the court.
house, and Messrs. Bla ckiston and A
A. Wilson, attorneys, denied that
Blackiston said call right" when Eng.
land talked through the key hole tc
the jury or directly or indirectly
sanctioned or encouraged him in doing
50. Messrs. Wilson and Bleckiston
further affirm that after each con
vsrsation with Hopkiua, Englans
held whispered consultation with
Smslts, and that Houck and Wilson
both cautioned England about what
he was doing.
Mr.. Blackiston explai ned that he
went to the court room that evening
because rumors were rife that the
jury had been tampered with and he
wished to see what was to be farther
done in that direction; and further
that the only remark he made tc
England was "What did the iarol
say p after one of the lattsr's trips
to the door.
The case was argued by Mr.. Rich.
mond for defendants and Mr.. Ellie.
good for plaintiffs.
After reading the sfidavits and
looking up the authorities prese nted
Judge Pearrs said it was true that
over the entire country there is Toe
much tampering with juries, and toe
much talk and argument by all sortt
of persons before iuries. There was