Arizona weekly journal-miner., 1888-05-16

appeal the case to the supreme court o
 the United States. We cannot afford t,
 suffer the laws delays, etc., etc."
 l was not counsel iu that case, but
 heard the statements, and 1 made u,
 my mind then and there that if ever
 wasempioyed Tn q jury case where thu
 amount claimed was over $5,OOO, anC
 either T. w. Johnston or Harris Bald.
 win had the closing address, I would
 before l left the jury, if possible, shut
 off the making of any such statements 1 Now, as to the language construed to
 be insulting. In the case of the same ] T w Johnston vs. R. E. Morrison, ac
 tion to recover $lO,OOO unliquidated
 damages for the publication of an alleg.
 ed libel, lately tried in Apache county
 Harris Baldwin represented T. W. : Johnston. defended MT. Morrison and of course Mir. Baldwin had the opening and closing arguments. The presumption Is that he would pursue the practice created by his client and himself in the Mcdonald case. My ] clients interest was not to be leopard ized by such pernicious practice. l did what l thought was my duty, and at the close of my address said to the jury, in substance and to the effect, the following:
 "Now, gentlemen, before I close there is one other matter want to call your attention to. MT. Baldwin has the clos ing argument-the last say. l pre- sume that, i'll accordance with the prac- tice and custom of the plaintiff and his counsel, you will be advised to bring in verdict for less than $5,OOO The Ob- ect in that Is to prevent the defendant from going to the supreme court of the United States with this case. In this class of cases there must be an amount in controversy. 10 he determined by your verdict, of $5,O0O or over to give jurisdiction for an appeal to the supreme court of the United States. Now, I say to you, gentlemen of the jury, if Mr. Baldwin pursues his course here, as in Iavapai county, which have no doubt he will, and give you advice that he wants verdict for less than $5,OOO- that's his obje ct, don't accept it. say to you that If you think you must find for the plaintifi'-that Is if you find that the words were published in . de- famatOry sense, that they were false and published without justifiable mo- tives. or fl you find against defendant upon the issues on the truth of the words, then gentlemen, bring in your verdict for just as much above $5,OOO as your conscience will allow, that the de- fcndant may, if necessary, go to the supreme court of the United States and get the highest law of the case" From the letter referred to, 1t Is assumed that there is a contention on his part that the word highest" Was not used. It may be omitted.
 l thanked the jury, etc, and picking up my watch. notes and handkerchief, remained in the court room until Har- ris Baldwin had commenced his closing address to the jury, when 1 stepped into the District Attorneys room, and inn mediately the Chief Justice made his appearance, and there, while Mir. Bald win was absent addressing the jury in the court room, the conversation be- tween the Chief Justice and myself Oc- cured, in the presence of two other members of the bar.
 These are the facts: know that had no intention of treating the court with contempt, or of insulting any member of the supreme court, and if the fore going remarks made by me in the Mor- r;sOn case is contempt or an insult, then the old adage that "what is sauce for the goose is sauce for the gander" has been abrogated.
 l am sorry that this matter has reach ed trial in the newspapers, by a brO- ther in the profession. owe it to that profession and my friends to state what occurred. that they may draw their own deductions. F.. NJ. SANFORD.