Page:Federal Reporter, 1st Series, Volume 6.djvu/859

 POOL V. C, B. 4 Q. B. 00. 847 �irial to any member of the jury. But the conduct of the jurors thernselves was plainly inexcusable. Though ii may havG been the resuit of mere thoughtlessness, it- was mani- festly calculated to bring grave suspicion upon them and upon any verdict they might render. AU that the public and the living suitor could know was that severalof them who were actually trying the cause were spending night after night in the rooms of the defendant's cotinsel. How and by what means and under what circumstances .they got there ; whether with or without invitation ; whether with or without purpose respecting the trial ; whether to receive or not to re- coive hospitality, — could not be known or explained to the world without. AJl this would be matter of mere conjecture, and what conjectures were likely to be made it is neediess to say. Even those at the hotel who were informed that these jurors were engaged in an innocent game of cards for amuse- ment might very naturally ask why they did ilot occupy the room of some one of their own number who was stopping at the house. ' �The circumstances which have been satisfactorily ex- plained to the court were necessarily unknown to the public ; and, although public opinion ought by no means to influence or control the verdict of juries, yet a decent regard to the opinion of mankind is a duty not at ail incompatible with the higher and paramount obligation to do exact justice between man and man. �Such conduct as I have referred to on the part of jurors, while trying a cause, merits the most decided reprobation. It tends directly to bring suspicion and discredit upon jury trials, and upon the administration of justice itself. No suitor could feel OtherwiSe than aggrieved at a verdict ren- dered against him by jurors so demeaning thernselves, and a court which should fail to discountenance such conduct when brought toits attention would justly lose the esteem and con- fidence of ail just men. If there was iio other fact before me than the misconduct just mentioned, I should, with great rcluctance, permit the verdict to stand. The exampk would, I fear, be innnitely mischievous. I should, therefore, dlB- ��� �