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

which had been on trial before Judge
Campbell since Monday morning, and
which was about to be concluded, was
summarily stopped after the Jury had
gone to their room, the jury was dis
charged and the case continued, and
Juror Charles n. Goff was hauled up be-
fore the Court to answer charge Of
gross contempt, which will also proba-
bly, include q felony charge before be
gets out of the tronble.
The evidence 10 the case, which was
one brought by Edward Newton TO re.
cover $4,000 damages for injuries re-
eeived by fall from car on May 8,
1898. in which plaintiff had a collar
bone fractured, was all in Tuesday aft
ernOOn. and the arguments of counsel
were partially made upon that daT.
Yesterday morning the arguments were
resumed aud concluded, and about half
past ten the Jury retired TO its room TO
consider the verdict. After the jury
had been out for some time, General
Manager Wright, OF the Railway Com.
pany, came into the Court room, and
going 70 Mr.. Erskine, the President of
the Company, he said:
do you know that one Of the jury
solicited a bribe?"
Mr.. Erskine expressed his very great
surprise, and said he had no such know
ledge.
Mr.. Wright said il was true, and gave
him short general idea OF what was
WrOn g.
President Erskine then brought the
matter 10 the attention Of Judge Camp
bell, saying 10 was a matter about
which little was known at present.
Messrs, poVener and COniff, counsel for
the plaintiff In the suit, could not be
found at the moment, and it was agreed
By the Court that the matter should go
over until afternoon, and that in the
meantime an affidavit setting forth the
facts should be prepared and submitted
10 the Court.
At noon the jury was called in as
though nothing had occurred and Court
adjourned until D. m. At that time
the Jury was again sent OUT, and then
Mr.. Ersklne addressed the Court and
stated that a matter had occurred in
connection with the case which had
been quite shock to him, and that be
had In his hand an affidavit Of Mr..
Lotus, the superintendent Of the
Wheeling Railway Company, which
stated that one Of the jurymen had
spoken to Mr.. LOTUS in reference to
the verdict. Here Mr.. Erskine read
the affidavit Of Mr.. Lotus, as follows:-
THE AFFIDAVIT.
estate Of West Virginia, County Of Ohio, TO-
tUit:
Michael Lotus, being duly sworn,
says;
81 am the Superintendent of the Wheel
ing Railway Company. On yesterday ev-
ening, December 18th, at little after six
O'Clock, came to the Office Of the Company
at Tenth street. The Receiver, Charles
Hamilton, told me that the Starter at the
street car barn wanted to talk TO me. l
called him up by telephone. l asked him
what he wanted. He said Mr.. GOff wanted
TO talk TO me, wanted 10 know where be
could see me, and at what time. l told himI
was Just going to supper and 1 would come
TO FOrty-eighth street at any time be would
designate He said; Wait, and will see
him. He said he was standing out in
front Of the barn. / told him would wait
at the telephone. He said a quarter after
eight would suit him best. l came TO the
barn q quarter before eight, ana / went 10
BenwOOd from the barn, and told him If
Gof would come / would be back at a
quarter after eight. l came back to the
barn at ten minutes after eight from Ben
wood / told the starter that would be up
at the upper end Of the barn il Con would
happen 70 come. While up there Mr.. Goh
came, and was going down through the
barn, and hallOed at him. l asked him if
be wanted TO see me. l opened the door Of
the Office at the upper end Of the barn, got
him a chair, and sat down. He said:
This Is going to be pretty hard fight
Now he says, you won't give me awayr
said, NO, sir
ale said. Il don't know how came to
be lefS on, whether it was YOU or Captain
DOvener.' He says, i am thorough Re-
publican, out and OUT aud says, L thought
good deal OF Captain DOvener.'
II said: 4 suppose Captain Doyener
looked upon you as l did-as q good man
ana q safe man. That Is why we left you
on
About that time he asked me if was
interested in this case. l told him not any
further than my position was 1t was the
company. 1 think he said, just at that
time:
We'll, 10 will De hard fight
81 am not clear whether he said TO me
again, you won't give me awayP l am
not clear on that point but if he did, / said
would not He was speaking in kind of
8 hoarse whisper. told him there was no
danger; there was nobody around. He
then spoke louder. He said:
"'This is dollars and cents with me. |
don't want nothing. ! don't even want a |
ride
Il said: That's all right
ale said Now, how viii six and a half |
cents do-verdict-that and the doctors !
BILL
II told him didn't know; that depend !
ed altogether on the Jury.
"He said nothing more, and very soon |
went out, telling me not to go right out /
after him. l went out Just few minutes |
after; went out through the barn. l con- /
sidered the matter, and thought it was nv /
duty to mention il 70 Mr.. Wright, the gen /
eral manager OF the road, and told him Of I
il, and said nothing TO bin on the ubiect /
OF concealing the matter. The CONVERSE
ton l had with Mr. Con was after the /
evidence had all been submitted to the /
jury and part Of the argument had been /
made before the jury in the case of Ed
ward Newton, Jr., against the Wheeling /
Railway Company. Mr.. Gon is a jury |
man In that case.
"MICHABL EOFTUs.
Sworn 70 and subscribed before NE this
18th day Of December. 1894.
John W. MITCHELL.
''Clerk.p
IuRy DrScH Angel