Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-10-29
Jurors Afidavits Charge an Attempt
at Tampering.
THE Case OF BARBOUR vs. HElSKELL
Mr.. Heiskell and His Wife Called
on Them.
CITED FOR ONTEMPT

| against Peter H. Heiskell, jr., in which the
| plaintiff claimed damages to the amount Of
$l1,622.55. The case is some seven or eight
years old, and has been before the courts
several times. The elder Mr.. Barbour was
at the head of the Washington Flour and
Feed Company. the mills of which were sit
| rated en- Virginia aver ue southwest. Mr..
Heishell. 1t was alleged, took to the mills
| quantity Of castor bean pumice, which
he wished ground. 1t was ground, It was
said. on his represer tation that no evil re-
| suits would follow. but the plaintiff alleged
that grain subsequently ground was SO in
Jured that many horses which ate 1t were
poison ed, some Of them dying. The matter
was widely published at the time, the plain
tlH asserted, with the result that the bus
mess of the mills was greatly injured.
Hence the suit was filed
Saturday last the eleven Jurors In the
cas- the case going on by consent with
that number, owing to the inability of the
tTelfth man to continue, were discharged,
after the court had been informed that they
were unable to reach a verdict. This morn
ing Mr.. Henry Wise Garnett, representing
Mr. Barbour, called Chief Justice Binebam's
attention to affidavits made by Jurymen
P. M. OBryon and Charles f. Hale The
afndavits were as follows:
MIR. O'BryOn's Amdavit.
Il. Phillip M. OBryon, being first duly
sworn, do on oath depose and say that
was one Of the jurors in the case of Bar
bour agt. Heiskell, No. 27762, at law in the
Supreme Court of the District of Columbia,
and have been a juror in the Circuit Court
from October 3, 1894, the trial of which has
just terminated. That on Thursday morn
ing, the 18th day of October, 1894, between
and 10 O'Clock. a man called who was un-
known to me at that time at my place Of
business, No. 5O4 18th street northwest
this city, where carry on the business of
sign painting. He came in and asked for
Mr.. OBryon. and i told him that 1 was
Mr.. O'Bryon. He then asked me If let
tered wagons, and told him all kinds Of
lettering He stated that he had good
deal of that kind Of work done-lettering
wagons. Then i told him that could not
go with him then to talk about business, that
had to to go to court, but would call on him
at his place of business after / got out of
court. then 1 would talk about signs.
Then he said, well. / have some court
business also; as soon as my case is over
1 Will call on you," and handed me his bus
mess card, which was p. III. Heskell tr, &
co. looked at the name and laid the card
on my desk. 1 asked him what court his
case was In and he told me he did not
know. Then he went outside and / walked
with him out to his buggy. Then he pulled
out an old newspaper, which was. the same
paper that was produced in the court, The
Evening Star, and showed me an article to
read, which l did, which was the same
article read In court. He then said he
wanted to find out the reporter who wrote
find out at The Star office, and he said he
had been to The Star Office already and all
ne could learn was that they thought that
1t might be a party by the name of Croe-
gen, and 1 said very likely that was the
man, because he is an old reporter on The
Star and knew the man; but he said he is
not with The Star now; he has been re-
tired; but he would find out When he
stated he had a law case 1 asked him what
court 1t would be tried in and he said he
did not know. While serving on the jury
1 was sitting next to Mr.. l.. H. Hopkins,
who was one of the Jurors, and during the
trial In the jury box, one of the days
during the middle of the trial he leaned
over to me and Mr.. Hale, who was sitting
on the other side of me. and made the fol-
lowing remark: Il and Mr.. Heiskell are
friends and you can very well understand
how I stand" / think have the card at
my office that Mr.. Heiskell left, and, II So
the case was called for trial. when the
interview occurred.
Would Buy Palms.
I. Charles F. Hale being first duly sworn
doth on oath depose and say that L am the
Charles F. Hale who was one of the jurors
In the case Of. Barbour vs. Heiskell, No.
27I62, at law in the Supreme Court of the
District of Columbia, and have been a Juror
in the Circuit Court since October 3, 1894,
the trial of which has just terminated; that
on Wednesday evening, the 18th day Of Oc-
tober, the day before the case called in
the Circuit Court, a lady who was unknown
to me came to my place of business, which
is that of a florist, at No. T19 14th street
northwest, in this city, and asked IL was
Mr.. Hale. / told her that I was She then
said that she wanted to look at some palms.
which l showed her, at her request. and
stated the prices to her, at her request; she
then Informed me that her husband had q
law suit, which was coming off i'm court and
that II he Won the suit he had promised to
give her a dozen of palms; she then said
supposed
be about S. each, and that If her husband
won the suit she was to have a dozen; she
then took out a card, which she said was
her husbands card. and which card was that
OF Mr.. +. II. Heiskell, jr.; II was business
card-a large one-and she had several with
her; she emphasized the dozen two or three
times, and the words she made use of were:
Il am to have a dozen palms IL the case
goes In his favor"
II asked her what court 1t was coming
up In, as l was a juror myself, and she
said she did not know in what court Ii was
coming up, and neither did she know the
nature of the case; that she supposed Il
was some business case of ner husband.
She then left his business card and left the
store. tore the business card into two pieces
but will endeavor to find the two pieces and
fasten them to this affidavit IL possible.
Next day l was called as juror in the
case Of Barbour VS.. Heiskell 1 did not, ;
when l was called on the case until after
was sworn, connect the Mr.. Heiskell with
this transaction at all, but during the latter
part or the tF1al Il saw tne lduy COfnc iuto
the court room and take her seat back from
where Mr. Heiskell was sitting. and then
learned that she was the wife OF the de-
fendant and then recognized her as the
lady who came into my store about the
palms and gave me the card.
THAT during the trial Mr.. l.. H. Hopkins,
one of the jurors. about somewhere about
one of the middle days of the trial, while
we were sitting In the Jurors box, turned
to Mr.. OBryo1, who was one Of the Jurors,
and myself who was sitting by and made
the following remark: L and Mr. Heiskell
are friends and you can very well under
stand how / stand"
Mr.. Hopkins Statement.
Mr.. Garrett stated that he considered IL
his duty to call the attention of the court
to these affidavits, both in justice to his
client and to Mr.. Hopkins. who was In
court, and who could speak for himself. .
Chief Justice Bingham then questioned
Mr. Hopkins concerning his connection
with the matter. when Mr.. Hopkins adj
mitted making the remark, but said that he
had made II upon the impulse Of the mo.
ment, but with no intention Of influencing