Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-12-20

Erksine again addressed the Court, and
said be supposed the juror referred to
would be given an opportunity to ex-
plain.
After some discussion between the
attorneys, it was agased that the record
should show that juror is withdrawn,
the Jury discharged and the case con-
tinued generally without prejudice 10
either side.
Here the jury was called in and dis
charged by the Court as follows:
"GENTLEMEN OF THE JURY: You are dis
charged from further consideration OF this
case. The jury is discharged until to-mor-
row morning, when you will return. Mr..
Goff, who is a member of the jury, will
please remain after the other jurors retire"
After all but Mr.. Golf had retired, the
Court addressed him and he replied as
follows:
Judge Campbell-Mr. Golf, matter
that has arisen in connection with this
case, in which you have been juror,
has been formally called TO my atten-
tion that is due you to call to your
attention, which involves misconduct on
your part as juror, and has made It
necessary as the case now stands to
formally discharge the jury from the
further consideration OF this case. The
affidavit l hold IN my hand l will sub
nit to your examination. After you
have examined 1t, II there is anything
that you may have TO say orally or that
you may say in writing, an opportunity
will be granted you, sir.
WAIVED TO KNOW IF HE WAS SWORN,
Here the affidavit was handed TO Mr..
COT and he read the same.
Mr.. Goff-Your Honor, before | make
any response to this | would like to
understand this: Was sworn in to do
my duty?
The Court-Sir?
Mr.. Goff-Was l sworn in to do my
uty as jurymsn?
The COurt-YOu heard the oath that
was ad ministered to you?
Mr.. Goff-I don't know whether l
could speak 10 you as l would TO these
gentlemen or any other gentlemen, Dut
presuming I have, and not wishing to
give cause to show that | disregard
ANYTHING at all, l ask that one particu-
lar question, please.
The Court-If you were sworn to per-
form your duty?
Mr.. Goff-Yes, as juryman.
The Court-You recall the oath that
was administered to you by the Clerk?
Mr.. Goff-I simply want TO know
whether / was sworn or whether l
wasn't
Clerk-He was sworn with the rest of
the jury.
Mr.. Goff-I did take the oath and OBJ
ligated myself to perform my duty to
decide the case between two parties,
but other matters arising, this CONVEX
sation which is stated partially here Is
true aud partially not, but that is neither
here nor there.
THE COURT GIVES HIM TINE.
The Court-What wanted to say is
this: What is EN- braced in that affidavit
is of such serious character, involv-
ing your conduct as juror, which OF
course must have greater or less effect
on the deliberations OF the jury and
final result, and virtually makes a mis-
carriage of the administration OF jus
tice. There can be waiver OF any rule
and you can have an opportunity to be
heard orally, or, ii you want, present an
affidavit to the consideration OF the
Court The matter now is matter i'm
mediately affecting the administration
of justice, or proceeding 10 contempt
as a juror. You can have until to-mor-
row morning until half after nine o'clock,
II you prefer, in order TO prepare al affi-
davit. II you want you can make
an oral statement and have the
stenographer take it down. [ mere
ly desire to say that take no
summary action. / give you an oppor-
tunity to be heard. You can take your
time for it until tomorrow morning, or
such time even later as may be con-
venient, but it ought certainly be dis
posed Of.
Mr.. Goff-Well, Your Honor, 1t is
just this way, whether desire to have
an answer Immediately or not and give
1t writing, got to go before squire
and do it, l can give an emphatic de-
NAL concerning this jury because am
sworn here
The Court-The simple question is as
to the truth OF the matter alleged In
that affidavit, not how you stood with
the jury. That makes an affirmative
case against you, which Is manifestlY
contempt Of court,
Mr.. Gof-I understand that perfect
ly.
Court-The juror is presumed to do
his duty. There is, IS you know, Ian
guage in there that is very strong in its
nature, and suggestive. l merely say
now that, waving the issuing of a rule
or attachment, you can have until to-
morrow morning.
1T AN NO LAWYER"
Mr.. Goff-Your Honor, am no law
yer. 1t is simply this with me, how and
in what manner to answer your ques-
tion.
The Court-It is the matter there that
is in the affidavit that am calling your
attention TO. IL is paper, of course,
that is in my keeping now and would
not go from the court room. But you
have such opportunity TO reply as you
desire, by affidavit or otherwise.
Mr.. Gotf-That is just what choose
to do.
The Court-Wlll you be ready to.
N orrow morning At hslf-past nine
o'clock?
Mr. Goff-Yes, sir.
The Court-If you desire this aft
iavit or rather copy of it, you can
have il.
Mr.. Goff-I would like to havy copy
either this or another copy, so as to
know now 70 answer.
The Ccurt-Gou have read over this