Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-04-14

him hu n "a aud thlrFt a. ln ssii
tilldivit OF r. ! sullivan act fort .
that ! went l. sald J. II. Harris AMI
requested him 10 maze All avit Of
tue incie pufpDning 10 navr been said
% SAID Biazst % him, as in said aiil.
invit oil q. !. Sullivan alleged, but
that J. II. Harris declined aui rc.
iusci TO maze said All Iavit Or any
uniiavit Ia TIE matter. but ackuou.
IuirCu 90 me aud admitted that the
iac.h o. Get up iu said ali Iavlt oi r. J..
sullivan concerning Hlii conversation
are IN substance tue ami cIffpct.
Gerald b. Jackson, being firt duly
sworn, on OATH sey'; / am "a resilient
u 5alt Lake CITY aud county, Utah
Territory, AMI Am an utl0fnry and
counselor az law, that have ronI the
uiiidavlt made by rUm Ferguson ia
tiIis cause; that I was near ty whnn
tbs conversation was hgd between saii
Ftrgu'Uu anu said Blazer, friutfui 90
ia taii FcfgusUn's nill avn; that a,
the time stated In tni Ftryua1u's am.
dnvit / hrsrI rnii j. 10. Blazer say o.
.sid Tom Fersuslu. that " he, Tom
fcIt ui1 , had any cases in tue district
yuu-i wIIlu tho then existing panel Of
lurun were IN service. that he, Blazer.
Ter the sum OF forty or MY, could Tx
the jury aud couli get any kind Of o.
vUtuiu,
Chsries H.. Human, uoinr nnt
duly sworn, 90 oath snyt: I WIS one OF
the twc.vu Jurors who rat upon the
trial OF tue above entitled cause. aud
was ore Of tue three dissenting jnrIrs.
Tint "a Ter tho testimony closed, anu
"A NFHa q 100
We, the jury, rcilrc 10 the Jury room
10 C0nsiirr and deliberate upon our
verdict. That after We hAi 20 retired
Co. the jury room, aud before consider
alton was had. and hsiofo any ballot
was taien ~ determine the several
Issues IN question IN the case, anu
another OF said twelve iur0fs, whose
name now Is unknown 10 me, retired
from the Jury room and went 10
the mems clOsot on floor
above from said jury room. That
while i aud sald other Jurors were
~ hbscnti the remaining ten jurors con.
tldorUd theic verdict, aud by nice con.
curing Jurors had found the issues TOT
the defendant That whcu / anu said
other Juror returned, anu being Ia.
formed VI lhe proceedings and dOinga
Aforesaid, remarked 10 the other ten
Jurors In substance that I dli not SEQ
the necessity Of such hastc,an finding
OF the verdict. without due dellbura.
uou, whefoup0n one Of the nine con.
cunning jurors, whose name Atiiant
does not remember, said IN substance
that there was no need OF any further
consideration Of the verdict, a. nine OF
them could make verdict anu had
sgfeed AMI fouui the issues aforraaii;
but that another ballot could be taken
u desired. That thercupon another
ballot was taken, with the result
ui nine Jurors finding the issues
for the do'endantl and three for the
plaintiff, Of which three and
said other Juror Aforesaid were two;
which said verdict was thereupon
signed by the foreman aud returned
Ia open court NJ anu for the verdict OF
the said lury. / further icpose and
gay that | had aot, nor dld the other
SAID Juror, have auyopportunity 10 con.
suit " deliberate with the remaining
mombers Of said jury, nor dii We dolib.
urats upon the finding until, ~
hofeinbeiofo stated, the verdict
was made up by said nine
luroui nor did We In any other
manner participate In the deliberations
of sai Jury Ia the making up OF said
verdict; aud no argument or discussion
was had ln which we or either Of US
or had any opportunity 10
participate. That | aud tho other said
Juror were opposed 10 the verdict as
rendered, aud voted against tho same.