Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1898-10-12
VERDICT SET ASIDE
In Case of Campbell VS.. Chase Granite
Co.-New Trial Granted.

In Case OF Campbell VS.. Chase Granite
Co.-New Trial Granted.
The case OF Campbell VS.. the Chase
Granite Co., OF Buebill, which created so
much interest at the January term of court,
is to be tried over again. The law court
has sustained DEFENDANTS motion, set
aside the verdict and granted a new trial.
The rescript, as handed down, opinion
by Judge Strout, reads as follows.
This case comes before upon motion to set
aside the verdict for misconduct of some of the
Jurors, and improper influences brought to
bear upon them during the progress of the trial.
From the evidence upon the motion 1t APP
pears that at the boarding house where some OF
the jurors boarded, the merits of the cause were
quite generally discussed by third parties in the
presence and hearing of some of the jurors,
and opinions expressed thereof, and that one.
at least. of the jurors on one occasion, If not
more, Joined In the discussion, and expressed
an opinion upon a vital point In the case; that
during the trial these discussions sometimes
became quite heated. and that the merits of the
case were freely and frequently commented on
and discussed in the presence and hearing of
the jurors Boarding there, who were then sitting
as jurors In this
What and how much effect these discussions
and expressions of opinion may have had in
producing or influencing the verdict cannot be
known, but they were so pronounced that we
think they became mischeyous factor in the
deliberations of the jury. destructive of an
honest verdict. The law requires that
cases shall be decided upon the evidence In
troduced In court. and that alone; that jurors
are to act unbia sed and unaffected by outside
influences public opinion.
TIA departure from this wholesome rule is
permitted there Is great danger that the rights
of parties may be sacrificed by irresponsible
statements of uniformed or interested persons,
having the effect of testimony which Is not
under oath, or subjected to discrimination,
or in any way subservient to legal rules. 1t is
not only improper, but it is contempt of
court liable to severe punishment, for outside
parties to discuss n case on trial, state
alleged facts, or express opinions upon the
merits of Il cause in the presence and hearing of
jurors sitting in the cause; and 1t Is in the last
degree improper and reprehensible for q juror
while thus employed to listen to such discus
sion or express an opinion upon the merits of
the cause.
Ills duty is 10 hear all the evidence in court
then, and not till then. to arrive at conclusion
as to what facts have been proved, and apply
to them the rules of law received, and render a
verdict which shall express the legal effect of
the fact proved.
A verdict is supposed to be, and ought to be
the deliberate conclusion of the mind of each
and every juror wholly uninnuencsd ana un-
impressed by the opinions of anybody outside
of that jury. Truth and purity in vcrdicts can
be reached in no other way
In this case some of the Jurors were exposed
to Improper and unlawful influences, and to
some extent, joined therein, unwittingly, no
doubt but still the infectious poison existed II
Is the duty of the court in such to secure
a fair trial OF the cause. conducted upon legal
principles and free from suspicion or abuse
Motion sustained. Verdict set aside New
trial granted.