The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1897-01-02
COERCION OF JURORS.
The Chicago Case In Which Juror Julius
Clayton, Formerly of Cecil County
Figured Creditably to
Himself.

The case of Marie Cahill against the
Chicago, Milwaukee and st. Paul Railway
Company, in the trial of which Judge Seaman
of the U. S. Circuit Court ordered Juror
julius Clayton, formerly Of this county into
custody because he refused to agree to Il YER
dict according to the Judges idea, is again
attracting attention in Chicago. from the fact
that Congressman Mann. of Illinois, has
decided to bring the case before Congress,
when he takes his seat.
The Cahi case attracted much attention
among lawyers on account of the ruling OF
Judge Seaman. Marie Cahil was crossing
the tracks OF the Milwaukee and st. Paul
Road in the stockyards when she was run
down by freight train, Nov. 25, 1892, and
her left foot was cut of. While she was lying
on the track the engineer backed the train
and her right foot was cut off and her collar
bone disIocated. At the trial the attorney
for the plaintiff maintained that crossing
had been established at this point Of the
tracks by custom and that the railway was
negligent in not protecting life. The defen-
dant alleged that Maria Cahill was Il tres
passer, as there was no crossing at the point
where she was injured, and that the com
pany was not liable for damages.
JUDGE sEAMAN's RULING.
Judge Seaman held tnat the testimony
proved there was crossing at the point
alleged. He told the jury the only ground
ior damages would lie in wilful and warton
conduct, Of which he said there was no evi
denre. He directed the jury to bring in
verdict for the defendant The jury felt there
was willGul and wanton conduct from th'
fact tHG! the engine was backed over the
woman after she had been run over. Juror
Clayton declared he could not return YER
y dict for the company and each juror followed
him in this declaration. The Judge ordered
the jury to return Il verdict such as they
might find. On its return Juror Clayton
again insisted he would not give a verdict
for the company, rs it would be against his
conscience. The court ordered the obstinate
jurors into the custody of the marshal Tor
several hours. The plaintiffs attorney in
order to save the juror from punishment for
contempt, entered stipulation that Il judg
ment of dismissal might be entered. to have
the same force and effect a. a verdict Tor the
defendant entered undcr direction of the
sdered IS excepting to such direction and
nv. This was done. The case was
EWi1 Judge Seaman's decision was
V case sent back for another
}would have come before
ain, and. it is said, rather
further risk Maria Cahill
fhree weeks ago for $4,000.
Ate court had declared Judge
Wrong in holding that a crossing
at the point where Maria Cahil
Jed, but it upheld him in his action
I fng Juror Clayton.
CLAYTON sCoRSs THE JUDGE.
But lawyers in Chicago were aroused over
What they called the czarlike methods Of the
federal judges. CCngressman-elect Mann
i began to collect information on the CahilI
case, as he intended to introduce II bill in
Congress to curtail the powers of the federal
courts, using the case of Juror Clayton as
one in point. He wrote to Maria Cahils
attorney, who referred him to Mr.. Clayton.
The latter wrote to Mann as follows:
CHICAGO Ill, Dec. 12-Hon. James i.
Mann, Congressman-elect. First Illinois Dis
trct. Dear Sir Absence from the city has
prevented my answering your letter of the
7tL before this. | was one of the jurors in
the case Of Marie Cahill against the Chicago,
Milwaukee and st. Paul Railroad Company.
which was tried in the United States Court
before Judge Seaman. think. about Jan
,ary. iso5
The evidence left no doubt in my mind that
the girl was run down by a locomotive of the
defendant, which was operated by its men
with gross negligence. While she was under
the engine they again moved the engine over
her and cut off another leg.
1t seems to me ali the way through the case
that the Judge was in favor Of the railroad
company, and when he instructed the jury
the way he did, to bring in verdict for the
railroad company, refused and for that he
ordered me into arrest and threatened 10 send
me to jail. was left in custody and deprived
of NY Liberty all day. Late at night ! was
again brought before the court and ordered
to bring in a verdict for the defendant, which
refused 10 do. saying | would rot in Jail
before | Would perpetrate such damnable
outrage Oh this poor girl. ! explained to tho
court that lny better nature, and everything
that was decent in me, revolted at this out
rageous verdict OF his, not mine. and that |
would die in prison before would be Il party
to such verdict
The matter was disposed Of by the lawyers
and the judge then, but never consented to
averdict, and would have died rather than
do go.
While do not want to raise II distuiba
or be the cause of it, | send you this state
ment because | believe that the represent
tatives of the people in Congress have right
to know such things as you inquire about in
your letter.
In conclusion permit me to say that in all
the calendar of outrages there are none more
damnabe than this one Judge Seaman per-
petrated on this this poor, innocent. defense
less girl. Very truly yours,
julius CLAYTON.