The Nome nugget., 1902-08-13
ADVICE 70 TEE COURT
Col. Grigsby, United States District Attorney Advises Judge Moore to Review the Case Against United States Marshal Rich
 ards. Taken Under Adyiserlent.

'".' NC A''' 'phi tiib ''tiiit to NIit conclusion that the evidence in thi, record Gor.n't justify the judgment again-t Aiar-hal Richards. r. docsn' seem to rGC hat there is eyid'nce thcr, against Marshal Richards that woulc be sufficient to sustain verdict of d jury in civil action, if they found for the pIa.a'ilf."
 After I"iiuing the crime of embraccry or jury fixing. Colonel Grigsby said il was rat |. matter of fine of 800, and 1T he thought the circuit court would cntcrtail an appeal, to relieve Judge Moore Cf any embarrassment he might feel succeeding another judge, he would favor that cuulse, but he did not think, under the statute. an appeal would lie. He fell that u WAS not only important to Marshal Richards that the case be 'reviewed but it va, important to the eight julor- in thc ease who were on the regular panel in the Wright case. The judgment against Marshal Rich ards in fixing four of the jurors was Il judgment that the four jurors in some way fixed the other eight, but how this could have been brought about the record didn't disclose. The record oi the Wright ease had been introduced in- to this, bug for what purpose he did not know. There were grave imperfections in the testimony that went before the jury in the Wright case, and in this way the case was left to the jury by the witnesses that were on the stand.
 Colonel Grigsby continued: "An officer of inc postotiice department who has been here, and who think is here now, has ronc through the testimony for the purpose of reporting to his de- partment the cause of the failure of justice in the conviction of this man Wright, anl he came to the conclusion, as 1 understand it. and he has reported to me that there were serious blunders in the prosecution of the Wright case. Now, that being the case, we have here the opinion of the court charging that this jury ought to have brought in a verdict of guilty, when there is some doubt about :.sn --,~ ----
 Colonel Grigsby could not see where an injury had been done to the plain tiff: it was too remote, to conjectural. He said: "You have got to say that if some men who were not A. Bs., some body that didn't know Mr. Wright, or somebody from another church, or an other nationality, or something else would have been selected that the verdict would have been different"
 h substance, Colonel Grigsby said that Richards was mulcted in damages of $500 because d jury in the Wright ease didn't find for the plaintiff, instead of the defendant. Wright might have been guilty but there was imperfection in making the proof. He said he could not be accused of being biased: he had never heard of Marshal Richards be- fore coming to Nome, and, as for Judge Wickersham, he had heard that he had made good judge.
 Colonel Giigsby proceeded to review the evidence at length, as to the manner in which the special jurors were sum moned, and he declared there was nothing to show that Marshal Richards wis in any way connected with any wrong doing. He said:
 On the part of tho government, l here go on record as saying that, after d careful examination, in my judgment, this court ought to examine this ques- ton and ought to reverse this judg- ment, set it aside, grant new trial if anybody wants, if your honor finds that the evidence in the case doesn't sustain the verdict.'
 In the evening MT. McGinn, as amicus curias, spoke briefly, and Judge Moore then stated that the case would be carefully considered by him.
 It is not known when the decision will be handed down.
 n.s. c. ost,