Page:Federal Reporter, 1st Series, Volume 6.djvu/860

 848 FSDEfiAL REPORTER. �carding ail nice distinctions, feel inclined to put the seal of disapprobation in the most decided manner upon such mis- conduct by setting aside the verdict. �But there are other facts to be considered. It is shown to my entire satisfaction that Mr. W. H. Hope, a memberof the Pool jury, in utter disregard of the instructions of the court, while the case was yet before the jury and undecided, talked freely and fuUy with Mr. G. W. Meredith about the case, ex- pressing himself to the prejudice of the plaintifif and plaintiff 's counsel. Meredith says Hope began the conversation without, any question from him, and that he carried it on in a sneering way, saying, among pther thinga, that"Hagernian had the court room full of Keokuk people, who, whenever he said anything, applauded, and that Keokuk thought they had got this thing fixed up yery nice," etc. It is needless to say that there was no such thing as applause in the court room. Any such manifes- tation would have been very quickly suppressed. Hope, in biS: affidavit, denies this, but I am constrained, nevertheless, to credit Meredith's statement. Meredith, it seems, is a re- spectable farmer living in Van Buren county. His character is unquestioned. He appears to have no connection whatever with the plaintiff, and no interest in the litigation. What, therefore, could have moved him to fabricate such a state- ment as he has made and swom to ? What motive — what inducement had he to commit voluntary and gratuitous per- jury? Meredith's testimony is positive and affirmative. If false, it was wilfuUy false. But Hope's deniai is negative. He may possibly have forgotten what he did say to Meredith, or, at ail events, he may have had but a very dim and indis- tinct recollection of the conversation. At any rate, Hope, finding his conduct as a juror called seriously in question, had a very strong motive for denying the truth of Meredith's statement, while Meredith had none whatever to make a false affidavit» It may be added that Hope was one of the jurors who, though not stopping at the Patterson House, was present with the rest at the. card party there, and that we find him taking a decided and active part when the jury first retired for consultation. ��� �