Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State eBook

George Congdon Gorham
This eBook from the Gutenberg Project consists of approximately 412 pages of information about Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State.

Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State eBook

George Congdon Gorham
This eBook from the Gutenberg Project consists of approximately 412 pages of information about Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State.
possessory action.  The constable whose duty it was to summon the jurors had received the sum of two hundred dollars to summon certain parties, named by the other side.  This fact was established beyond controversy by evidence placed in my hands.  And whilst I was in bed in one of the tents or canvas sheds at the Bar, which the people occupied in the absence of more substantial buildings, I heard a conversation in the adjoining room—­I could not help hearing it, as it was carried on without any attempt at concealment, and the room was only separated from me by the canvas—­between one of the jurors and one of the opposite party, in which the juror assured the party that it was “all right,” and he need not worry as to the result of the suit; his side would have the verdict; the jury were all that way.  On the next day, when the case was summed up, the saloon in which the trial was had was crowded with spectators, most of whom were partisans of the other side.  I addressed the jury for over three hours, and after having commented upon the evidence at length and shown conclusively, as I thought, that my client was entitled to a verdict, I said substantially as follows:  “Gentlemen, we have not endeavored to influence your judgment except by the evidence; we have not approached you secretly and tried to control your verdict; we have relied solely upon the law and the evidence to maintain our rights to this property.  But the other side have not thus acted; they have not been content that you should weigh only the evidence; they have endeavored to corrupt your minds and pervert your judgments; they have said that you were so low and debased that although you had with uplifted hands declared that so might the ever-living God help you, as you rendered a verdict according to the evidence, you were willing, to please them, to decide against the evidence, and let perjury rest on your souls.  I know that you [pointing to one of the jurors] have been approached.  Did you spurn the wretch away who made a corrupt proposal to you, or did you hold counsel, sweet counsel with him?  I know that you [pointing to another juror] talked over this case with one of the other side at the house on the hill last night, for I overheard the conversation—­the promise made to you and your pledge to him.  In the canvas houses here all rooms are as one; the words uttered in one are voices in all.  You did not dream that any but you two were in the tent; but I was there and overheard the foul bargain.”

At this thrust there was great excitement, and click, click, was heard all through the room, which showed a general cocking of pistols; for every one in those days went armed.  I continued:  “There is no terror in your pistols, gentlemen; you will not win your case by shooting me; you can win it only in one way—­by evidence showing title to the property; you will never win it by bribery or threats of violence.  I charge openly attempted bribery, and if what I say be not true, let the jurors speak out now from their seats.  Attempted bribery, I say—­whether it will be successful bribery, will depend upon what may occur hereafter.  If, after invoking the vengeance of Heaven upon their souls should they not render a verdict according to the evidence, the jurors are willing to sell their souls, let them decide against us.”

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Personal Reminiscences of Early Days in California with Other Sketches; To Which Is Added the Story of His Attempted Assassination by a Former Associate on the Supreme Bench of the State from Project Gutenberg. Public domain.