The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-28
MlSTRlAL IN LONG CASE
Judge Brown Won't Proceed Where
There is Such Strong Sus
picion of Fraud.
CHARGES AGAINST LAWYER CALDWELL
Il is Strongly lntimated by AfFidavits That Us
ing One Ramsey as Tool He Sought
10 Bride Deaton, Another OF
The Jurors.
The Jurors.
Especial to News and Observer


Especial to News and obseryer.)
Statesville, n, c., May 25.-The case of
Jr., against the Southern Railway Com
pany on account of the killing of young
Mr.. Long at University Station, on No
vember 10th. 1899. had dramatic close
today.
On reconvening court after the noon
recess Judge Brown said from the bench
that he was informed that one of the
jurors, ]. II. Brown, had spent the night
with j. A. Gorham, the law agent of the
Southern Railway in the Gorham room at
the Hotel Iredell, and that this was not
denied by either Brown or Gorham. In
view of this fact, Judge Brown stated
he would withdraw a juror and make
mistrial as he would not suffer a case to
be determined in his court in which there
was such a strong suspicion of fraud.
The following facts as to the supposed
tampering with Juror Brown, came
out from affidavits made by Attorneys L.
S. Oyerman. w. D. Turner, P. d. Walker
and C. B. Watson J. A. HARNESS, clerk
of court. and Messrs. G.. w. Boshamer,
r. +. Armfeld, Leon Clarke, J. F. Bowles,
S. l.. Parks and G. S. Tomlin, all promi-
nent citizens of the town:
That after last nights session of the
court Gorham and Juror Brown were
seen together holding a long conversa-
ton; that about IL O'Clock Brown crossed
the street from the hotel and stood for
two or three minutes, while Gorham en-
tered the hotel office and started up
the stairs; that Brown and Gorham were
seen together as they reached the second
floor they went together to the third
floor, entered Gorhams room and closed
the door; that almost immediately Law
yers Overman, Walker and Watson fol-
lowed to the door of Gorham's room,
found the door closed and no light burn
ing, when they knocked at the door and
received no answer; that shortly after
wards the knock was repeated but got
no response.
That Lawyers Overman Walker and
Watson remained on the floor watching
the stairway till one O'Clock and then
placed two young men in another room
who TODD guard all night; that this
morning about o'clock Juror Brown
came out and left the hotel without
breakfast and that few minutes at
forwards Gorham started out OF his
room and on seeing one Of the young
men lodged back; he remained few
moments and then came out and went
down stairs.
These facts were not denied by Brown
or Gorham.
From affidavits made by r. v. Braw-
ley. j. Il. Bowles, w. d. Turner and
;e,, 10 ifacA
c. Caldwell, local counsel for Southern
Railway in Statesville and one of the
counsel in the trial of this case that
while the argument was going on yes
terday afternoon Lawyer Caldwell left
the court house, was seen in earnest
conversation with r. A. Ramsay, citi-
zen of Davidson township, this county
which lasted until court adjourned;
that as the jurors came out of the
court house Caldwell and Ramsay part
ed and Ramsey placed himself at one of
the exits from court house yard, where
he Joined Juror B. G. Deaton and carried
him TO a barroom where they took a
drink together.
That they came out together going
from place to place, stopping now and
then and talking together until about
seven o'clock; that at this point r. v.
Brawley Joined Ramsey and Juror Dea-
ton and remained with them trying to
ascertain Ramseys purpose in the ex-
tended interview with the juror until
the bell rang for the eight o'clock ses-
sion of the court, when the juror had
10 go into the court house.
From the affidavits of Brawley it
appears that Ramsey was in town
for tht purpose of fixing" Juror Dea-
ton for the railroad in this case
Ramsey left Brawley for few mo-
ments saying that he was going to the
court house for the purpose of seeing
Lawyer Caldwell ana to see how Dea-
ION looked on the jury. Shortly after
wards Ramsey returned and informed
Brawley that it was all right and then
proceeded to make an appointment with
Brawley himself and Juror Deaton for
private meeting at the noon hour to-
.dav. telling Brawley that there was
thousands in it, for him If they
could fix Juror Deaton.
In view of these affidavits Judge
Rrown issued a rule on Lawyer Cald-
we'll Chief Law Agent Gorham, r. A.
Ramsey and Jurors j. III. Brown and B.
q Deaton to appear before him at
nine o'clock on Monday and show cause
whv thew should not be attached for
contempt of court.
Yesterday Judge Brown stated to the
counsel for the defendant that he was
inclined to charge the jury that upon
the whole evidence the plaintiff was en-
titled to a verdict, but that he would
hear defendants counsel.
This morning after hearing such ar
gument the Judge announced that he
would instruct the jury to find the is
sue for the plaintiff leaving only the
question of the amount of damages to
be argued to the jury.
This case resulted in mistrial at the