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.”