Year: 1877

The decision OF the SuDreme Court


Tuesday, with reference to jurors drink


ing liquors during the trial of a case has


started all the lawyers to thinking about


their experience in the matter. Yester-


day morning before Court, a party of


them collected in the court room and


told so many big ones that all the press


reporters present thought Of commit


ting suicide for chagrin at finding out how


bad these legal chaps could leave them


behind in lying match.


This is supposed to have happened in


Polk county six years ago. One Of the


parties to suit thought he had been


beaten, when the jury retired to deter


mine upon a verdict, and consequently


put his wits at work to study up plan


for securing a new trial. Finally he de-


cided that the most feasible thing to do


would be to introduce some whisky in


to the jury room. Accordingly he


freighted a market basket with savory


chicken and toothsome sandwiches The


seductive mince pie had place there


and stomach destroying sweet cake, and


underneath them all were sundry bot


ties Of Kentucky Bourbon. He carried
the basket to point just below a win
dow in the jury room, tied one end of
long rope to the handle of the basket,
fastened the other to pebble of suffi-
cient weight, transformed himself into
a catapult and threw the rock through
the window. The jury, which had been
in consultation past one time, were in
good condition to swap testimony for
bo NJ l.
came through the glass they were not
very long in ascertaining what was at
the other end of the rope They hoist
ed up the basket, hoisted in the edibles
and drinkables and soon returned into
the court room. Meanwhile the plot
ting caterer had retired from view as
soon as he threw the stone and rope in
the window, SO that none of the jury
knew where the good things came from
But for all that they filed into court
with the comfortable feeling of men
that had dined amply and with suspi-
cious flavor of spiritus frumenti perva-
ding the atmosphere about them; and
then, to the surprise of all, they return
ed verdict in his favor He had de-
signed to overthrow the verdict on the
ground that the jury had been drinking,
but when they guessed on his side he
held his peace.


Not very long since an old chap with
a red ribbon nose was placed on a jury
in knotty case. Thinking that when
they should once be locked in their
room they would be occupied several
days in guessing, he prudently provided
himself for contingencies. Among his
was an old sword cane, de-
scended from the times when that kind
of weapon was common. The blade
was gone but the Orifce it once filled re-
manned and the owner gagged it for
half pint of tanglefoot Then he
screwed the top on the cane and return
ed to Court prepared for any emergen-
cles. The jury remained "Out" forty
eight hours but the red ribbon chap was
as blooming and fresh at the end of the
long vigil as when he first commenced to
do duty.


While General Given was prosecuting
attorney, he prosecuted adruggist in the
Warren County District Court for sell
ing liquors contrary to law. The speci-
fic charges were that he sold Hostel
ter's Bitters," Wine of Life, and 9TH
er liquids purporting to be medicines,
but which contained spirituous liquors.
The General proved, by reliable witness
es, that the articles had been sold, and
that they were alcoholic Then he
made his speech, and the opposing coun-
sci, who had introduced half dozen
bottles of the medicine in evidence,
In the course of his argu-
ment he uncorked fat bottle and hand
ed it to the jury to taste, assuring them
that he was willing to risk their own
Judgment in the matter. They tasted,
and probably ascertained that it was
good. Exhibit A" the said
exhibit being the remaining five bottles,
were taken to their room by the jury as
a proof of the evidence in the case.
When they returned into court the jury
box was redolent of corn juice, and sew
eral familiar noses shown like the bea-
con at Eddystone lighthouse Every
bottle had been emptied They convict
ed the druggist, and then the attorney
for the defense moved to set aside the
verdict on the ground that the jury had
by drinking Intoxicating liq-
uor in the jury ROOM In proof he Ques-
toned each juror separately. Each ad-
mitted that he had concealed under his
waist coat several horns of Exhibit A.
The fact was well established but the
General was able to save his verdict by
eliciting testimony showing that the
drinking had been done after the verdict
had been agreed upon.