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Home My WebLink AboutRailroad Records 1901 « a x North Carolina, In the Superior Comet « Iredell County. January Term 1902, The jurors for the State upon their oaths present: That J. A. Gorham, late of Mecklenburg County, on or about the 24th day of May in the year of our Lord, 1901, at and in the county of Iredell, and in the city of Statesville, knowing that a certain jury of said county of Iredell composed of twelve good and lawful men was then a and there duly returned, empanelled and sworn to try certain issues joined in the Superior Court then and there being held and in session according to law in the city of Statesville as aforesaid, in and for the said county of Iredell between B. F. Long, Administrator of B. F. Long , Jr., Plaintiff and the North Carolina Railroad Company and the State University Railroad Company, Defendants, in a plea of the case and after the jury es sworn and empanelled to try the said case of Long, Administrator vs the Nornth Carolina Railroad Company and the State University Railroad Company and before the said jury was permitted to retire from the court house pending thehe duties as jurors, the Court instructed them that during the progress of the trial that they nor any one of them should allow any person, or persons, to speak to any, or either of them, in regard to the said case at any time - that no one of them should speak to any one about the case, - and that no one of them should associate with, or have anything to say to any one in anywise connected with the case, either for the plaintiff or for the defendants; the Court exacted a promise of each and every one of the members of said jury that they, each and every one of them, should keep and observe these instructions of the Court, and that each and every one of them would report to the Court any one who disobeyed any of these instructions, and this promise Was given by each and every one of the. said jury to the said. Court before he, the said presiding Judge, Honorable George H,. Brown, wotld allow them, or eit*»> of them, to depart from the court house in which the said trial was being held without being unde#y, the charge of an officer; and the said Gorham then and there knowing that the said trial was being held upon said issues upon matters in controversy in the @absé aforesaid before the said Superior Court then ,and there -2— held for the said county of Iredell, he the said J. A. Gorham being a : Law Agent of the Southern Railway Company and being present at said trial at said court assisting the Company's Attorneys in the trial of said cause; which Company then and until the present and now controls and operates both the said railways aforesaid, and which said Southern Railway Company was present then and there by its counsel at said trial defending the said suit in behalf of the said North Carolina Railroad Company and the said State University Railroad Company, defendants, and the said J. A. Gorham was present during the trial of said cause at the instance of and in the employment se the said Southern Railway Company assisting said Attorneys aforesaid, and that the said J. A. Gorham was also present at the empanelling of said jury and the instructions given to the said jury by the Judge Aféresaid, and that the said J. A. Gorham wickedly, unlawfully, desigpnedly and wilfully intending and devising to hinder a just and lawful trial of the issues aforesaid by the jurors aforesaid, returned, empanelled and sworn as aforesaid to try said issues and the matters in question submitted to them the said jurors by the said Court in the aforesaid cause, wickedly, unlawfully, designedly and wilfully in behalf of said defendants the North Carolina Railroad Company and the State Unive@sity @umpangx Railroad Company in said cause, did contrive to work upon and influence one of the twelve jurors afore- said, to wit: one J. H. Brown, sworn as one of the jurors aforesaid, and did im manner and form as aforesaid by solicitations and pursuasions and divers words and discourses, and by certain artful practices, argu- ments and suggestions and associations with the said juror J. H. Brown, endeavored to disparage the cause of the plaintiff in the civil cause aforesaid, and did then and there unlawfully and designedly by the means and practices and other unlawful devices endeavor to corruptly move, influence, instruct and incline the said juror J. H. Brown to be more favorable to the side of the defendants in the aforesaid civil suit, and did then and there by the means and practices aforesaid endeavor to improperly, unlawfully, and corruptly obtain a verdict in said civil suit in favor of the defendants, or to injuriously affect the rights of the plaintiff by causing the said juror Brown to prevent the rendering of a verdict favorable to the plaintiff; he the said J. A. Gorham then and there well knowing that the said Brown was one of the said jurors returned, empanelled and sworn to try the issues in iy b> said cause, and that in furtherance of his unlawful and corrupt designs and purposes aforesaid he the said J. A. Gorham during the progress of the trial of the civil cause aforesaid and during cin of the recesses ef the court during the progress of the trial of the said cause, on or about the 24th day of May 1901 and after nightfall, sought out and associated himself with the said juror J. H. Brown and held a long and close conversation with the said juror Brown for the perior of about three hours and until after the doors of the hotel Iredell whege said Gorham was lodging had been closed for the night, and when the guests of said hotel had retired for the night: that during the said conversation he the said Gorham unlawfully, designedly, wilfully and corruptly himself disobeyed and contemptiously disregarded and caused the said. juror Brown tk disobey and contemptiously disregard the orders of the presiding Judge aforesaid and the promises exacted and given by the said jurors to the Court in the cause aforesaid, and did in the manner and form aforesaid endeavor to corruptly influence, incline and pursuade the said juror Brown to render, or cause to be rendered, and untrue and unjust verdict in seid civil cause; and he the said J. A. Gorham talked of and discussed matters and questions connected with the cause afore- said to the said juror for the purpose of corruptly influenceing the seid juror in favor of the defendants in said civil cause: and in furtherance of said corrupt purpose he the said J. A. Gorham on the said night about the hour of eleven o'clock induced and pursuaded the said juror Brown to spend the night with him the said Gorham in the room of the said Gorham in the Hotel Ire dell, situated near the court house in Statesville, which said room was No. 18 upon the third floor of said hotel, and in consequence of the said pursuasions he the said Gorham did in a secret and clandestine manner pursuade the said juror to go to his said room No. 16 aforesaid and then and there about the hour of @leven o'clock of said night he the said Gorham and Brown went into the said room and immediately thereafter locked the door and put out the lights and then and ther& remained and: associated together during the entire night, he the said Gorham then and there wickedly, unlawfully, designedly and corruptly intending and contriving to corrupt the said juror in favor o* *he defendants in the above entitled civil cause and then and there by the methods and means aforesaid did influence and corrupt the said juror in behalf? of the aforesaid re sles defendants and the Southern Railway Company, defending the said suit in behalf of said defendants, and thereby intending and devising to delay, hinder and obstruct, and thereby he, the said Gorham, did hinder, delay, obstruct and prevent the due administration of justice and the rendering of a verdict in the above entitled civil cause at the said tem of the said Superior Court contrary to the form of statute in such case made and provided and against the peace and dirnity of the State. The jurors for the State upon their oaths do further present: That at the times mentioned in the first Sant as abdWwe stated and at and in the said county of Iredell, and when the civil suit-as above set out in the first count was on trial and in progress in said Superior Court for said county, and after all’) the evidence in said cause nad been introduced and the argument in the cause had begun and after the presiding Judge, Honorable George H. Brown had announced to the counsel that he would instruct the jury to find all the issues in said cause in favor of the plaintiff, leaving only the question of damages open to be assessed by the jury, the said J. A. Gorham after dark and after the court had adjourned for the night on said day, to-wit: the 24th day of May 1901, did then and there designedly, corryptly and unlawfully approach and associate himself with the said juror J. H. Brown and continuously throughout the night of the said 24th day of May 1901 remained with and talked to, and with the said juror and took the said juror to his own room No. 18 in the said Hotel Iredell and spent the night thereaa with the said jurog with the intent to influence the verdict of said juror for the defendants in said civil suit and did then and there influence and corrypt the said juror in favor of the defendants in the said civil cause in defiance of the orders of the Court and to the corruption of justice and the due administration of the law and against the form of statute in such case made and provided and against the peace and dignity of the State. 4 oe e 7 Solicitor. ge ie " + . s od ‘ Sy y ‘ eM : ‘ : ee Lee 7 Co toch d % ; : : —e don ndinan tty aincipel Nn a wnt ~ vat t - : nfe ea “A i f “a : m ¥ * * 2 ; f f iw sf 7 , # Cm" A y 47 CAan ht ; C< sneer cal alsa gpamantecles rca tethssaRlan oe kc ~ A : =! a ya / ss Teast a a A a a ae te (Yaw ASAT - —-e pe mere ey Hed el, aia Siete By ve y * ay oe | | wy ‘ | : : ana Rett * Rs : ye s : : - fi We ey ; : oo = is ; Cty ea Be <2: vi nd / Y ‘ i i a hock of KO One rece plein hey auofo Ae Mek Ke ( Busecrraet)-Hoe RL ae hea Feu (Creer gerenth_ Yawk, ff Oleaets, Ct Mbevkauer, bus. 18- Fechiten.. CA Lentai, for Oe De Mates aust. ar Load i Gee a Bewsauin F. Lone. Gerona &s LONG & NICHOLSON, ATTORNEYS AT LAW. STATESVILLE, N. C., IN RE. B * Se Opn ga ; LONG & NICHOLSON, \ vs. ATTORNEYS AT Law. aceon nee ed f , ! , = ; port [to N. C.. a3 Asi aces Pe pee «bad br# [Bowl fers Vr aay £7 RAPE? Ga: ah vit a { | { vs { Mei Uses die tie | B. F. Long after being wworn, says: As..to the insinuation made in the affidavit of L. C. Caldwell that some juror had been in his office and that something’ had been said with regard to the offer of $5000 dollars for a compromise by some one in his office to said jurror, and that said juror referred to is Mr. D. A. Miller, this affiant says that Mr Miller has never been Sccew CUA Sur brphica in his ontsee either before or since he was summoned as a juror uytil to-day when he made his affidavit in this cause, and this affiant has hever discussed the dase with said juror at any time. Affiant further says that never at any time-under any circumstances has he ever discussed this case with any juror who was summoned to any term of the court since the case has been pending, nor has he ever permitted any juror to talk with him about the case after he was summoned, nor has any juror ever offered to talk with him. That affiant has carefully avoided to ever spaak to any juror at any time, or under any circum- stances, after he was summoned, or whilst he was aqting as a juror. Affidavit of C. W. Boshamer. C. W. Boshamer being duly sworn says: That he is a citizen of the city of Statesville and formerly it's Postmaster; That affiant came to the court house last evening May 24th to hear the argument of counsel in the case of long against the Railroad. After the court adjourned affiant walked across to the hotel, saw a friend of affiant's, Mr. Jones Yorkex sitting out on the sidewalk near a tree. Affiant walked yp, spoke to him, saw Mr. Gorham and another gentleman who has since been pointed out to him as Mr. J. H. Brown a juror. He and Mr. Gorham were engaged in conversation sitting on the sidéwalk in front of a tree. Affiant stepped back and took a seat in the rear of them against the hotel. Affiant heard Mr. Gorham say to Mr. Brown that it must be very tedious or tiresome in the court house. The conversation was then broken by some one passing and then the next expression affiant heard was that if they were just detained in the court house for two hours it would not be 80 . bad, but these country lawyers - The conversation was then too low for affiant to hear anything more. The conversation continued then in an inaudible tone to affiant. Affiant had heard some expression of different opinions of witnesses and heard Brown say, Yes, something about a negro shooting here where the witnesses were all confused, The next expression that affiant heard Was Mr. Gorham say 50,000 dollars? which ghtnacted his attention. Affiant's recollection is then that Mr. Brown shook his head. The next conversation affiant heard had reference to what cotton could be ratsed at and how much a man could make on a farm, and herrd Mr. Gorham ask him where he was stopping and how far it was, and he said that he was staying with Mr. Saunders. That soon after this Mr. L. C. Caldwell game along where Mr. Gorham and Mr. Brown were sitting and spoke to them, amd leaving them came over a ‘and-took a seat in a chair and engaged with me in conversasiog about a house that I contemplate building. While Qaldwell was sitting with me Mr. Gorham spoke to Mr. Brown about going and getting us some cigars and went into the hotel office, Mr. Caldwell left affiant, and affiant got up a few minutes afterwards and went into the hotel to get « ea drink of water, and as he reached the cooler Mr. Cadlwell and Mr. Gorham were there. Affiant asked for water, Mr, Cadlwell tried to éraw we | some, but said it was exhausted and then we separated. Affiant afterwards went down the street towards the post office. As affiant left Hotel Iredell Mr. Gorham went North up Center street toward the bank smoking, and on my return from the post office I fouhd Mr. Gorham back sitting along side of Mr. Brown engaged in conversation at the same place. This was about half past ten o'clock. This is the last I saw, Lo ee * ‘ aA ae Affidawit of J. A. Hartness. J. A. Hartness being sworn says: That lata last ewening, May 24th, affiant saw R. A. Rameey and the juror B. C. Deaton engaced in close conversation at an elm tree in front of N. Harrison's Clothing store. They stood there a few minutes after a‘fiant saw thom, then they walked together down Center stress South and turned in South of Wallace Bros. store and took seats near together and encaced in conversation near the beef market. This was about sin set. Shortly thereafter affiant saw Mr. R. VY. Brawley coins in the direction of where they were sitting. A few Minutes afterwards affiant saw Mr. Deaton setting there alone. Af*iant saw no more of them. After the adjourned session at nipht, affiant was over at the Hotel Irecde'] sittin: on the stone curbing of the Hetel Iredell by the side of Mr. C. W. Boshamer, just south of the main entrance to the hotal. Affiant saw Mr, J, A. Gorham and J. H. Brown the juror sittine to ether in close conversation, againat an @lm tree at the edie of the site walx in frent ot Hotel Iredell) talkin’ in a moderate tone of voice. Affiant heard Mr. Gorham say to juror Brown wemarks, such as “you are no doubt tired", and “lawyers talk too much" - "Witnesses swear to one state of facts and others ewear to another state of facts." A’*iant also heard Corham say to Brown somea*hins Like "you are too tired to -o to vour boarding place to-niczht,* or words to that effect. A®fiant f¢ot up and walked over to plaintif®’ Long's office and told him and his attorneys what affiant had seen and heard. «Affiant sat in front of Mr. Long's office until near 11 o'clock, when he saw Gorham and Brown eet up from their seats. They stood a moment and then Corham went into the hotel offica, the door of which had been, prior to that time closed for the nicht. Mr. Brown Walked across the street to a point near the puolic well and stood there about two minutes and then walked slowly back across the street and went into the front door of Hotel Iredell. Affiant vent up inte Hotel Tredeil and reported these facts to Mr. lonc's counsel. After this affiant went home. s '* _ falked some time and then turned to their right into an unoccupied let Affidavit of Jno. F. Bo chi ip: Jno. ?. Bowles being sworn says: “that he is a merchant in the city of Statesville and also a fairs iine salesman, and a resident of the city. That on yesterday Gain roeon while Mr. P, D. Walker of Charlotte, N. C., was addressing the court and jury omthe trial of the Long case in the court ‘house, affient while about the door of his store situate on Center walle just North of the court house, saw Mr. L. C. Caldwell, attorney for the defendant in said case talking earnestly to one R. A. Ramsey. That this conversation continued for something like an hour near the front of Schiller's Furniture Store; That toward the close of. tke conversation affiant went to the Ul > peuse , passing the parties on the way, Went up into the court house @nd remained a short while, and on returning to the store again passed the parties still engaged in the conversation, and just as he passed them the crowd commenced to come out from the court house; That while passing within 4 or 5 feet behind Mr. Cladwe'l he heard him say to Ramsey, "Now Bob, be carefui", and gesticulating with his finger, "be careful what you do." At that instant he turned his head, saw a*’fiant and then walked rapidly down the street. Affiant then saw Ramsey walk slowly down the street in the @irection Mr. Caldwell had gone, stopping somewhere near the north-east corner of the court house lot. He stood there until approached by a juror, Mr. B. C. Deaton who was coming from the court house. He and Deaton stood and talked a little, then turned and passed North up Center street, affiant following them, They erossed Broad street, turned down on the North side of Broad street and entered Lowenstein's drinking saloon. Affiant followed them into the saloon and found them engaged in drinking at the bar. Affiant called for a glass of beer. The parties turned after drinking and came back up Broad stree6 the way they had come, stood at the corner of Center and Broad streets off the sidewalk near an electric light pole and talked for 20 or 25 minutes, Ramsey seemingly engaged in earnest conversation and emphasizing his words by gestures of his hand and finer. In the meantime affiant had communicated what was going on to the plaintiff Long. At the close of this conversation the parties came back down Center street, Passing by the corner of Wallace Bros. store, again % - and walked about 80 feet and took their seats in two chairs to the left of Foard & Morrison's beef market and there seemed to continue the conversation. This was about sunset. After supper the court having re-convened at 8 o'clock affiant saw Ramsey come into the court house, Walk up to the bar while Mr. Bason was speaking and shortly before the jury Was discharged “or the night, stood at the bar and looked over to where L. C. Caldwell was sitting and seemed to be trying to attract his attention, but Caldwell did not seem’to see him, but appeared to be listening to Mr. Bason. Ramsey then walked round the bar South, took his eat’ tor a moment only, iat ehiak rose and passed along the South aisle of the court house. Some time after the adjournment of court, affiant passed in front of Hotel Iredell, stopped for a few minutes, and observed J. A. Gorham sitting out near a tree at the outer edge of the sidewalk in conversation with the juror J. H. Brown, but affriant could not hear what was being said. Just at this time L. C. Caldwell came down the Bast sidewalk of Center street toward the hotel and affiant turned into the barber shop, and don't know where he went. Affiant then care out and passed over to the office of B. F. Long whe réype and some of his attorneys were assembled, and while there could see by the light from the hotel Gorham and Brown sitting out under the trees in the same position, which position they occupied until a late hour, near eleven o'clock, and after the front door had been closed for the night and the people apparently out of the hotel office. After Gorham and the juror Brown had disappeared, at the request of Mr. Long and his counsel affiant and Mr . Geo. B. Nicholson:went to the hotel, engaged room 16 near room 18 and remainefi all night without retiring. This morning near the hour of seven, the juror Brown came out of Gorham's room No. 18 and went down stairs. Shortly afterwards Gorham came out went partly sown the stairway, returned and locked his door ang then sat went down stairs. Sworn to and subscribed before me this the 26th of may 1901. fa Affidavit of Geo. B. Nicholson. Geo. B. Nicholson being sworn says: That at the instance of plaintiff's counsel, affiant together with Mr. Jno. F. Bowles engaged room No. 16 in Hotel Iredell and between 12 and 1 o'clock went quietly into the room and remained there until 7 this morning without sleeping, with the door of room 16 kept a little ajar. That about the hour of 7 the juror J. H. Brown came siekcas room No. 18, discovered affiant an@ passed on downstairs. Just after this Gorham came to the door of room 18 and discovered affiant who Was then standing in the aisle within ten feet of him, and then dodged back and closed the door. Affiant did not, see him go down stairs. Before the juror Brown left room No. 18 this morning affiant while passing near the door could hear a conversation inside of room No. 18, but the conversation was carried on in a very low tone and affiant did not hear anything thet was said. ™~ ~~ Sworn to and subscribed before me is the 25th of May 1901. Affidavit of C. S. Tomlin. C. S. Tomlin being sworn says: That he is a merchant in the city of Statesville; That last night, May 24th, about half past ten or eleven affiant was at the Hotel Iredell for a few moments and he discovered J. A. Gorham, who is here attending the Long trial, sitting out near a tree in front of the hotel in conversation with J. Bae a juror engaged on the trial; That as affiant walked up he took his seat for a few minutes near Mr. C. W. bsakaner and engaged in conversation with him in about ten feet ae boches and Brown were talking; That as he did so, Gorham commenced to talk in an audible tone and turned in his chair toward affiant and seemed to be talking about fighting game and dominecker chickens and betting on the firhts; That in abaut ten minutes Gorham rose and walked into the hotel at the main entrance, ® and at the same time juror Brown arose, walked across the street to a point near the public well under the shade of a tree. He stood there for a little while, about two or three minutes. Affiant rose in the act of starting home when he saw Brown returning from under the tree, he saw him go into the hotel, Just before he went into the hetel affiant saw Gorham going upstairs along on the stairway leading from the hotel office. When Brown entered the office he walked straight to the foot of the stairs and commenced to ascend; Gorham at that time being out of sight up the stairway, havin; gone up two or theee minutes beforehand. Brown did not go to the register or stop to make inquiry. At this time there was no one about the office except some parties towards the rear of the office who seemed to be engaged in playing a social game of cards and the colored porter “@ V.. J Viiileel —~, Sworn to and subscribed before me this 25th of May 1901. Cc. 8. C. Affidavit of R. V. Brawley. : R, V. Brawley being sworn says: That he is a citizen of the city of Statesville, doing a wholesale usiness and one of the city Adlermen; That last evening about sunset he was informed by counsel for plaintiff in the case of Long vs the Railroad now being tried, that one R. A. Ramsey a man known to affiant, had been for some time in conversation with Mr. B. C. Deaton one of tke jumy, and that they were then together near Morrison's meat market, and he was requested by said counsel to try to ascertain what said Ramsey was doing, and as to whether he was trying to tamper with said juror. Affiant was told by said counsel that-it was the duty of*a good citizen to detect such misconduct if he could so so and affiant felt that way himself. That he immediately went to the meat market and found Ramsey and Deaton talking together. That he went up and spoke to them, knowing them both, and proposed that they would step into a barroom nearby and get a drink. Deaton declined, saying he had just had one. Ramsey assented and the two stepped in and took a drink. Affiant is not a drinking man and only took a very small drink. Affiant ased Ramsey when he first came up "What is the confab"? He answered, “We are talking over the war." After taking the drink we went back to where Deaton was and talked a little while and Deaton and Ramsey talked about the war, affiant listening. After awhile affiant proposed to Ramsey to take another drink. Affiant and Ramsey went back, Ramsey took a drink and affiant took a @rink of Ginger Pop. Again affiant and Ramsey returned and they continued to talk about the war. As affiant and Ramsey first left Deaton to go to the barroom, Ramsey turned back to Deaton and said, "Deaton, if you won't go, don't talk.” After the second trip to the barroom affiant in the absence of Deaton spoke to Ramsey and said "Ben Long prosecuted my brother whilst Solicitor, and I would like to get even with him", and said substantially to Ramsey that Long ought to lose his case. Ramsey immediately slapped affiant on the shoulder and said "That's all right, and that's what I am here for. I have no business here except that. I told you I was talking tha war with deaton when you came up, but I was not, we were talking about this Case, and I think Deaton is all right, but you live here in town and you would i, :% have influence over him, and I know with your help that we can get him ieee right, and there is thousands in it if we can do it." Affiant ae said to him, "This is very dangerous, and you remember what the Judge said"? He said “Yes, but Deaton's all right and there will be no danger." Affiant then said that he would like to have advice on the matter before he did anything, and he says, Who would you like to ; see? On account of what affiant had heard had taken place in the afternoon he said, how would L. C. Caldwell do? He tapped affiant on the shoulder and said thats all right about counsel, and after some little conversation affiant repeated to him that he would rather have legal advice. He said, "Never mind about that, thats all right." Affiant and Ramsey again went back to where Deaton was and engaged in conversation with no reference to the suit, but about the war. Some time afterwards Deaton went to the water closet and Ramsey, and affiant walked out into the yard in front of the saloon, and while standing waiting for Deaton the court bell rung for the night session. We waited until we supposed Deaton had gone to the jury box and Ramsey said to me, "Wait here a minute, I want to go up and see Deaton." I said to him, “You can't see him, he is on the jury." He answered, "No, but I want to see how he looks, and I want to see L. C. Caldwell,” and went upstairs. In a short time he came back and said,*Deaton's looks all right." We then walked up the street to the corner at the clothing store, and I told him I must go home, and he said tO me that he would make arrangements for himself, Deaton and affiant to have a private meeting to-morrow (25th) during the noon hour where the matter could be fixed up, and affiant said to him he ought to get something out of this, and he says there is no trouble about that, 1°11 take care of myself. I said to him that I could not a’ford to take money myself, that personal revenge would satisfy me. Affiant further states that as soon as he separated from Ramsey he communicated the foregoing facts to Mr. Long's counsel. Affiant states that i. as true that Mr. Long as Solicitor had prosecuted affiant's brother in some case part to on his docket, but as to the other matters he was onl ting induce Ramsey to divulge his purposes. Affidavit of Leon Clarke. Leon Clarke being sworn says: That while in front of Hotel Iredell last night, something after ten o'clock, affiant saw two men sitting near together under a tree at the edge of the sidewalk in front of hotel. They were talking. There were three chairs, a policeman standing near the center chair which Was vacant. Policeman presently went away and the younger man changed into the middle chair, near the older one. Affiant heard the younger man speak to the older one about the floods tearing up the railrodds, said "that freishts were blocked, - passengers blocked, and the roads were losin; heavily, and the people did not know how to appreciate railroads until such things happened. Affiant left and went home and left them sitting there. Prior to this the hotel man had pointed the younger man out to affiant as Mr. Gorham. The Sworn to and subscribed before me this the 25th of May 1901. _NhibetBuawe sets f/f older man had whiskers about his face. Cc. & Cc, Bffidavit of der. W. D. Turner. Hem W. D. Turner being sworn says: That after the adjournment of Court yesterday evening his attention was called to the fact that R. A. Ramsey had been for some time in conversation with the juror B. ©. Deaton and under circumstances of suspicion, and he went to the place, where they were talking in conversation and saw them engaged in conversation for some time, and when last so engaged in the said conversation they were sitting near the beef market, and he tast saw them there at the time Mr. R. V. Brawley went towarddé where they were.« Affidavit of S. L. Parks. S. L. Parks being sworn says: That after the adjournment of court last night affiant went across to Hotel Iredell and sat upon a bench in front of the hotel. Affiant observed a man seated in a chair close to a tree in front of hotel office. His attention was not attracted to tHe man until Mr. J. A. Gorham brought a chair and seated himself near the man and a@ casual conversation between the two men arose. I heard the man tell Mr. Gorham "I am a juror in this case." Affiant remained — seated on this bench as long as thirty minutes after he heard this remark, and when affiant left Mr. Gorham was still talking to the man. Affiant made no effort to learn the subject of their conversation. Affiant did not know the man's name, but after he head@d him say he was a juror recognized him as such. The man had more beard on his face than any other of the jurors. wor? 7” “FAL. 2, \ # wa B, FP. Long, vs Affidavit of Lee S. Overman. N.C.R.R.Company. Lee S. Overman being sworn says: That about ten o'clock the night of the 24th of May 1901 he was informed that the juror Brown was in close conversation with one Gorham; That affiant then went to the Hotel Iredell where it was reported said parties were in conversation and saw said Gorham and juror Brown sitting in front of said hotel in conversation. Affiant then returned to the office of B. F. Long, Esq., and remained a short time and returned to said hotel where affiant was stopping, .and said Gorham and Brown were still in conversation. Affiant then went to his room and went out upon the balcony above where said parties were conversing and watched them for some time, then went to the room of C. B. Watson, Esq., and consulted about this matter together with P. D. Walker, Esq., both of whom are associate counsel with affiant for Plaintiff in the above entitled case. Affiant then returned to balcony and found that Gorham and Brown.had left and thereupon was informed by Mr. Walker that they had come into the hotel torether. That. affiant has read the affidavit of C. B. Watson, and as to what occurred after that time as stated therein between Messrs. Watson, himself Walker and gpkaxnxif#% is true. Coarse tn feceeK> thi bole - | CAs crn, Kew // otle Bh. ak lc<freF- Ri Nia k 4 tLe fprtpee ahead Ke Watt hor hgl~ or Celesed~ cr Seean_ - , S. B. F. Long, Admr. vs Affidavit of P. D. Walker. Me cUs ae oe CO. 6 6F al P. D. Walker being duly sworn says: That he has read the affidavit of C. B. Watson and that what is stated therein as to what occurred between Messrs. Watson, Overman: and affiant, and what was done by them is true. Affiant further states tiat as he and Mr. Overman went from the office of Mr. B. F. Long to their room in - Hotel Iredell they saw Mr. Gorham and the juror Brown sitting in front of the hotel talking to each other, and that shortly after, while affiant was standing near the room of Mr. C. B. Watson in said hotel, he saw Mr. Gorham come up the steps leading from the office to the second floor of said hotel and not far behind him he saw a man coming up said steps, whom he thought from his general appearance was the juror Brown, though affiant saw him for only an instant. of Affidavit of R. EB. Armfield. _R. E. Armfield being duly sworn says: That he is Clerk of Hotel Iredell in the city of Statesville; That this morning May 25th, 1901, about the hour of seven, J. H. Brown one of the jury now engaged in the trial of Long, Administrator against the Railroad, came down stairs and came to the desk and said to affiant that he had had a bed in room No. 18 of the hotel and would pay for it before he left for home. Affiant examined the register and. found that Brown had not registered as a guest. Affiant further states that room No. 18 has two beds in it and has been occupied during the week by J. A. Gorham who has been here during the trial. Affiant further states that he has never known the juror Brown to stop at the hotel before. Sworn to and subscribed before me this the 25th of May, 1901. we Hen being duly sworn says; ee That he has known LC. caldwetl “fer “Saige figteen years and knows his general, eharacter and that the | i ees eGgr—+ J: H.Hoofman being duly sworn says; fat that he has known L C.Caldwell sihee his coming here some fifteen years ago; that he knows his general character and that it is good, Sworn to and subscribed J.K.Morrisen being duly sworn says, That he has known L.C.caldwell intimately for the past fifteenryears and knows his general character and that the same is geod. Sworn te and subscribed J.W.White-being-duly ewern says; that for the past fifteen years ne was known L.C.¢ ldwell and knows his general character and that it is good. | Sworn to and suberibed J. A. Hartness being duly sworn says, that he knows the general Qa oF L-C.Caldwell and that it is goed. 4% x . subscribe, PURE Nh Wit tod -J-H. White Weing duly: sworn saye, thag he knows the general eharacter of HL9C. Caldwell and that it is good. ‘Sworn to and subscribed -of L.C.Caldwell and that it is geod. Sworn to subscribed John W. Gray being duly swern says thet he knows the general charaetér of _L.C.Caldwell arid that it is good, Sworn to and subscribed R.E.Armfield being duly sworn says that he knews the general character of L.C.Caldwell and that it is geod. Sworn te and subscribed “J-C.Turnew being duly swern says, that he knows the general sharacter or L.C.Caléwell and that it is good. Sworn te and subscribed ‘W.A.Thomas being duly sworn gaye that he knows the genera character of ; : “a | I. C.Caldwell and that it is good. ‘ a= A) 0A nf A A AV fr " Nae veing duly sworn says, that he knows the general eharacter of ie 0. caldwell and that # is good. ok Sworn to and subscribed N L.C.@aldwell and that it is good. - Swern te and subscribed K€. A. On ’ [/ Dr siniteheniiinih being duly sworh says, that hé has known L.C.Caldwell for years; that he knews his general ee that is £004. Sworn to and subscribed NMA, Ly Ltt W.W.furner being duly sworn says; that he is the Register of Deeds in and for Iredell County; that he knows the general character of L.C.coldwell and that it is good. Sworn to and subscribed LUZ. CZILCA Peston being duly sworn says that he knows the general charac tr of L.U. Caldwell and that it is good. Sworn te and subscribed fe) N.B.Mills being duly sworn says, that he knows the general eharacter of L.C.Caldwell and that At be good. Sworn to and subscribed W.M.Cooper being duly sworn says, that he knows the general eharacter ef -L.C.caldwell and that the same is good. ffs Swern to and subscribed d TILA A Rte Sores ee WeGdieets being duly sworn says, t known L.C.caldwell fer years and he knews his general eharacter and that it is good. ' f Sworn to and subscribed é KR laa a, he, Cf Upustf Lie J.H.Wyeoff being duly sworn says, that he is the Sherif of the County that he has known L.C.Caldwell for years; that he knows his general eheracter and that it i@ geod. Swern to and subscribed JA. Haynes being duly sworn says, that he is the Treasurer of the Cemty that he has known LL. C.Caldwell fer years ; that he knows his general _ @haracter and that it is good. 0 and aubscribed J , WwW. J. LAZRUBY, being duly sworn, says; that he has known L.©C.Caldwell for a number ef years, that he knews his general character and th it — WY 7 Qe ud, _-Bwern te and subscribed before me ythis the 27th day of May 1901. | fs C4 ak Rian v. F. HALL, being duly sworn says, that he knows the General character er L.C.Caldwell and that it is geed, Swern te and subseribed before me tes JL this the 27th day ef May 1901, WH Hiya GAME G Ef Trt dee "e4 4e.% ae hme itiw betntanpos Ilew: as Oi tat} ,ayae .wiowa (isl salted CW i Lavette, ald ework ot saxty jateed smo. 46? néod net bn Ilowb By ee Fe ahi & - ghoog ai t2 dec! boa “Ae on O10Ted bediroadva brs of oN -f00L ya to yab dikSomrs a ar oe ee ex aes : Se ope ae ) ‘ ' " > ee? yg nm Os, { wd . A LlewbiaD.©°..1 mwocet ead 6 fadt jevaea nbs vdub guied ,YHURSAT .t .W* ot aad: ‘ojoat io Letenen eld awond ed tart (wise, Te sdmn A 10T Sy «hoy at em ototod becdticadsa baa oo: nxowe FO Te at ES el ee i sotnatanto Lareonet me aworm , ,8YO mtore cath gnted . LIAR “ft .W eboo. al St fa bma Ifewbia..1. te et sicteo bedi‘roadmwe Das °° pn owe eiOel vat ‘e ab “as Ts Oiid alas. ro. 4 ; Jolin W. Guy being duly eworn says; oe | : sary That he is @ resident ef this city . and hes been fer many years and eenneeted with The First National pank of Statesvil le, WiC. ; That on last Friday evening he saw Mr R.V.Brawley, whem he knows well and that said Brawley was in @ drunken, maudlin eendition. In the opinion ef affiant very mueh under the influenee ef whiskey. Swern to and subscribed before me t’is the 27th day of May 1901 i> meet ee vent ae OF OL = , » fs) POP we ae 6 owt (BYSl TR we YLOd gh led vot to. Siabieey @ ef ed tax? HY. SONLT- of? ce trite tsar. bie: #189 ¢ nae tet xoet sad Dftéb-nighe cr. gal. tivastes5. to: aiwee -- yaa On grins v6 vabl 4: PvONT ed morw ~~ yelfvait.¥.2 x 2 ct sgw. (6lvavwt bise fear wt tebiw dene yrev gus: ita Té natA ee i? of SETS Bikes TEED. eat i Re ow as hediacedwe prts a . ~ ~ * Se Se Te —emiae. me aly, ecient whe 4 ReAsRansey. agtaeey “aay: aworn, answers the rule _ Mpon him and: says; ” ‘That he an & resident of the. County of. Tredeil and has os been all his Life. That an ‘action was brought against him returnable te '. the present term of the Court, he being netifved to appear and answer the ee compleint. That oh Monday affiant came to Statesville, but only saw Lit _ Caldwell for & ‘moment, when affiant left town returning on Wednesday, but did not then see the said faldwell. That late wriday afternoon he returned to town and @id net then see said Caldwell until late; but just before. the adjournment of Court, while standing near the fronlof the stairs leading to the offices of said Caldwell, said poe eame from the Court House er from that direction, meeting said at er near the place indi eated. That said Caldwell at ence began to talk about affiants case, that ef Patterson against Aamsey, his getting time to file answ er, the giving the bond and a general outline of the case as he caldwell expected to conduct it, stating some of the evidence that would be used therein, ¢ Consuming some time, but nothing like an heur. That said caldwell remarked to affiant that he should not talk about the susie Peake to be careful, as he did not want any thing earried te the plaintiff in the case,or any one intere sted therein. That said Caldwell informed affiant that he had prepared the bend which he said must be executed and for affiant to send the same to Charlotte to be exeeuted by his son , affiant replying that he might give the bend here.That Caldwell related to affiant that he, Cald well, knew that affiant was not prepared with the cash to meet the fee or retainer, but that Henry, son of the affiant could and would honor the draft, saying to this affiant to be certain and attend te it; caldwell then started off down the street or across the street saying that he want ed to go out to his farn. That at no time did the affiant er Caldwell say any thing @bout the case of Long against the railroads then on trial ér any one ¢onnected therewith, but simply talked publicly about affi ants owl case and the compensation desired arranged by said caldwell, That very soon after Caldwell left affiant, the Juror Deaton met affiant and asked affiant if he had seen George Mills, affiant replying that he had not; that neaten was talking about his home, anxieus to hear therefrom 6 o" : t¢liing affiant “about his eows, hogs and the effect the late heavy rains & would have upon the land; hew it would be washed, That ‘affiant and +eaton i took a drink of whiskey and walked up the side walk and stop.ed~™ ard talk ed awhile about wheat. Affiant sugeested that they fina a place to sit down and in consequence thereof, they came down the stréet in the direst ien of the Court House and peaton seeing the vacant chairs near the mar- _ ket suggested that they sit there, affiant saying he dia net care wheres After taking seat at said place, Deaten commenced to talk ahout Cedar Run, a battle of the Civil War, both having oid soldiers , and during said talk several parties came up and listened thereto, the talk eontinued by variew? remarks and the scenes through which both had passed, safely. That some time dur/ng the progress of the talk, one R.V.Brawley came up, squatted down and listened to the conversation, finally saying that he could net have stéod at that place but would have had to run. Brawley in- troduced himself te Deaton and bragged about hew he and peaten got along when Deaton traded with him. That said Brawley suggested te pjpeaton and affiant, others being present, that they Deaton, Brawley and affiant go and have a drink; that said Deaten objected te- going, remarking that he haa had a drink; that Brawley then suggested that affiant ge with him ‘ te whieh affiant assented; that while affiant and Brawley were on their way te the bar, affiant said to Brawley that Deaton was a Juror and that he should not offer him drinks; that after the drinks, Brawley paying 26 cents therefor, they came back to where Deaton was still sitl ing and com pleted the cedar Run fight. Seon thereafter Brawley suggested another @rink, and affiant said it was too soon; Deaten was requested to go by Brawley and he aceepted; after leaving the bar, Deaten went to the rear to atfend natures oall; tg a few minutes the Court House bell rang for the night session of CéuFt. Deaton not having returned, affiant was app» : hensive as te the conditién of said Deaton, knewing he had used consid erable whiskey, and net knowing whether he was still in the rear lot; af Tiant suggested that he weuld go inte the Court Heuse and see if Deaton hb ‘head gene toere. Brawley net desiring affiant te leave him, as he was ° ¢.very drunk and full; affiant said te Brawley, remain where you E 5 ye a, Se gy ge « ape a we o oS ERNE PDN a i Sn nnn Le 3 “At tinnt went inte the Court. House, about half way up the room where he “pemined a moment, “thin left, ‘Feturhing te where he had lect Bravw- ley, remarking te Brawley, “Deaton is all right® Brawley asked if “effiant saw hin; affiant replied "The Devil--they would not be holding Court witheut him; affiant and Brawley then walked up the street to the square, down the street and through the let te the bar where each took another drink of whiskey; that Brawley said he recollected meeting affiant and his wife and speke ef the looks og affiant's wife, said meeting being at a pienie, which pienie, to effiant's knowledge, was seme ten years after the death ef affiant's wife; that soon thereafter, affiant and Brawley again walked up the street when affiant told Brawley he had better go home as he knew he was getting drunk, Brawley remarking that he was an Alderman and must net be seen drunk on the street, But sen- tinuing their walk, they again reached the bar through the baek let and took another drink ef whiskey; that during these walks, te and from the bar room, Brawley was talking abeut Leng, the prosecution of his brether, his being a Demoerat from Shileh Tewnship, his suppart ef Long and his going te Leng to get him te be easy upon his brother when in- dicted, affiant ag seeing te all that Brawley said; Brawley then remark- od that Long ought net to get a eent in the gase being t#i06@ and that he, Brawley, would spend money te prevent it,if neeessary, te which affiant replied, "He had ne money to spend in it*, That in the conversation with Deaton,. when Brawley and affiant went to get a drink, affiant said te Deaten, that he had better not ge, but that affiant would ge and that he and Brawley went teward the bar and affiant told Brawley then that Deaton was a jurer; it is prebable that when affiant and Brawley left Deaten in the midst of the eenversation aboft the war that he might have said "Den't talk" intending thereby to have Deaten resume the ines vyersation and complete it upon affiant's eke “pftiant furtier says that the statement ef Brawley, *That's all right, and that it what I os here for, I have no business here except that; I tela you I was talking _ the war with Deaton when you came up, but I was net; we were talking ees this case and I think Deaten is all right, but you live here in ton é ene es rte ie town and you weuld have inf? wence over ‘ites and I endo with your help that poe ean eet him all right and there is thousands in it, if we ean do it® is totally untrie and absolutely false, Affiant further says that the following statement in the same unsworn affidavit of Brawley, te-wit; "This is voey dangerous, and you remember what the Judge said; he said : yes, but. Deaten’s all right and there will be ne danger, Affiant then seid that he ‘would like to have advies on the matter before he did anythig end he says, whe would you like to see; en aecount of what affiant had heard had taken place in the afternoon, he said, how would L.C.Caldwell de; he tapped affiant on the shoulder and said, that's all right about Counsel, and after some little conversatien, affiant repeated to him that he would rather have legal adviee; he said never m n@ about that, that's all right® is tetally untrue as is the statement that affiant wanted te see L/C. Caldwell, whe was in the Court heuse, Affiant further says that he never speke te the juror Deaton, er any other juror abéeut the Leng ease during the term of Court, or any other time; that he is in no way interested in the ease ef Leng against the railroad, has never been appreached by any party for any aetion or influence en his part in references te the same and the only conversation he had with Brawley with reference to the same was, as is abeve set forth, fellowing the lead ef the said Brawley in his maudlin cenditien, whe evidenced as far as he could that he was filled with venom against Leng and seemed to be trying te lead affiant in the same direetien, and the last werds said te affiant were, that affiant sheuld come ever and see him the next day, In order te get rid ef him, affiant told him all right, but never went, or thought ef deing se. The above conversation has never been related by this affiant te any party wntil the preparation ef this anewer te the rule, Swern te and subseribed befere me this the 27th day ef May 1901, inte ‘aie: mH ey tt tw wor r bow mid 1970 eonen wi 0 vail biuee oy, Bn wes “it ob ‘ne ew ti. eft ni abrosmsrocié at wrens ona ants + Efe MIC sey 11H. OW ests: ‘tats aye ‘te: tat IAAtTtA ~eaiat ylesukouda brus euréne eines a! {Yiweos veRwonr to ‘Fhyeb iT Ryowers due fais nt diroimad ore antwe lie. bina od jbinny »: ybint oe “Sada! Tedeowien HOY. bas. ceusregmab qves at aidt® “raed : tratTta .Teyme> on ed {fiw ered’ bas diy ft fla atnetaed ted. aay giityrs bib of stoted 1ettam of) no 9» vba ovact od etfi ‘binow ef Jasd BT ‘ae bat tnd tte Jacw To rmoes me (eee of oll me binow ofw ,ayse on baa Liewbhlat...2 blwow wed ,blaa ad ,aoomoevts phn goaig tots? bat bined { : ‘ ghoda triutn Ifa eat tans. ,btaa ona 1obfmota eat mo Jriaitia Dewges oF (eb mix 0) botaeeqes snaitte ,molisetovncs evall omen ‘Ttelts ous , foe nod ,fatt- tyedea Bn m= Y98vyen bissn Of (eoi vd. fate avad tedtat bicow of vad? graltta sands gnemessia art? ol na extine yilades ai “tr ait Ifa e'tedd wet Pnelrtta senna JiveD ois al saw ow -ilewbied.2\1 oon oF bel naw tueda i9wh tedio yma te ,fotsed set) ect Of exoga Teven ef J8G) Byne ated vant ;emty tento yne yo , diel lo mies ens BOW 9ee0 miod ent “Wren ead ,beorltay on! tantags sa0.T To saao ot ai Heveeterat: yaw oa mi t1aq 4id no serentTiIni so more via vot veq yne vd bontosetqqse need yvelveva ditw bad ed mottanievnos yine end bra emer on of setiesetor at eit amiwollet ,a@o10% fea evods x! aa ,aw emse of? Oo soreTelet nd iw es booted! ve odw ,aplisivnon nilpvam afd at yelwatt bias ens Ye. bael 6) bemees buna gored ferniane money ditw bellit ase en Jad biveo od ae tat bina ebtew teal ofc base ,meltoo ib emma of! mi tral tt bael of gatyw ed exab fxom od? mid eos bna teve emoo bivods snatiie tad? stow ne te ,~tnew veven fird grints Ila mid blo? saat Tt ,@td Toe bit Jey. 6! ten V0 peselet aeed tevert «ad moléaateyvnoo syoda efT .68 Bh on od 19werne ai to rota vaqei¢ lilm ¥/ Tay eolw ens eax coveted beditscadus bre oo) mrewe ef0Ol wM to yeah dete eds alc? a Low TOKK . & | State of Nprth Carelina. In the Superior Court | Iredell County. May term 1901. ij at i - R. M. SANDERS; being duly sworn, says: That he is personally aequainted with the juror J‘H§BROWN; that he has known him during the life eof this affiant; that said Brown is an honorable and upright gentlemen; that affiant is upon the police foree of the City of Statesville as one of its night policemen and having known the said jurer during all these years, affiant unkutt ascertaining that said juror intended to spend the night with him, insisted upon his spending the night with him on May 24th, 1901, and as many other nights as suited his convenience; that on said night of May 24th, 1901 near the hour of ten o'clock, in passing the hetel Ire- dell, affiant's attention was ealled te the presenee of the | jurer Brown, whereopn Brown related toe tgie affiant that before leaving home he had stated to his wife that it was his intention to spend a night or two with affiant and said Brow se informing this affiant, affiant insisted upon his going on the nig t of the 24th, or at any time; that said juror F like to spend the night at affiant's house when affiant was | | said to affiant you are upon the night service and he did no | net there and only affiant's wife and family at home; that said jurer said to affiant that he did not want beeause of the lateness of the hour te go inte affiant's house and wake u afTiant's family. . a part 6+ Affiant further says that, the above conversation was in the presence of Mr.JA.Gorham,; affiant remained there about guenkoen minutes in all and during that time net one word was uttered by either the said Gorham or the said Brown touching any matter then under investigation in the eourt. Sworn te and subseribed before me this the 25th day of May 1901. furehd saiteqes eAS ni elOli red vak ei ed JsedT rayse east on @afls ;MWOHRRE NL tout o at wmwork oOtze sat? sAai Vs se ’ “iT Siw LS. eAaifoiw) dino Ye ern38 4 evinwed IfLocetl an fed +* © 3 BAR 4 tao AG basalanrpea Vitanos ie cid crm 7“ awes Ferry, Pp. Order being’ auly sworn says; | That he is’ a practising itioeiony _ residing ; 49, ‘thi, ei ty; ‘that. on Monday or fuewday evening of the past week ~ being the 20 or 21st, as affiant was leaving his offiee for the day he over-took L.¢.Calawell on the stairway leading from his offiee, the said Caldwell oceupying a -euite of rooms in the same building as affiant. That affiant knew that Caldwell had been Ramsey's attorney in a suit tried at the last term of the Court and that it was probable that another suit had been instituted against the said pamsey at this term: Affiant asked the said Caldw.ll if the suit had been brought, when affiant was informed that it had; affiant beleiving that Ramsey was a poor man, unable to pay fees commensurate with the services necessary to be rendered in said suit, asked Caldwell" hew he was getting along as to feces with the said Ramsey", to whieh he replied, Miss Mollie pamsey had recently died, leav ing some property; that affiant replied * hew een that help you", to which Caldwell replied, that the said Ramsey only had two ehildren and that his sen living in Charlotte would inherit the property and that he the son was to ~ay feés, he being the party to whom the property in 1it igation would ultimately go; that he, Caldwell, was going to prepare a draft to be made by R.A. Ramsey on the said Henry Ramsey for his fee in said case. Affiant further states that he read law in the offiee of Bingran and Caldwell and sinee ebtaining his lieense in 1893 has been enaged in the pr actiee of the law at this bar and had frequently appeared in suites with the said Caldwell and against him and that he has always demeaned bimself as an honordéBle ana upright practitioner. Sworn te and subseribed May 27th 1601 ay ty Ree ge F.gamble being auly sworn says, That he is a dmotielas ere re- siding in Statesville and eecupies offices with L.C. Calawe rt; that oh the 23rd day of May 1961, ‘the said Caldwell who was then engaged in Court in. bhe trial ef a eause asked affiant if he, affiant, had seen R.A.Ram sey on that day, to whieh affiant replied that he had not, whereupon the said Caldwell said to affiant that he the said Caldwell had prepared a bond in the Pat erson-- - Ramsey case and also a draft on Henry, meaning Henry Ramscy, son of R.A.Ramsey, his client, and if affiant saw Ramsey to have him sign said draft and also have him execute the above mentioned bond. That soon af er this conversation, whieh took place in the Ceurt , House, affiant went to the offiees of the said Caldwoll and himself and found the bénd and draft abeve mentioned prepared and lying upon*the desk ef the said caldwell. This affiant had ne eppertunity te earry out the above request and on the morning of the 24th ef May 1901 said caldwell eame to affiant and a: ked him if he had preeured the execution of the bond and draft referred to; te which affiant replied that he had not. Swern to and subscribed May 27th 1901 wer. Yor!) ta yniofioatg #2 ef eff tait . “yaa micwe Yin “iled eri? sto jad? j{Ffaw6lo" 0.0 ofthe geeltto set wooo baa olliveesaze ai aX * 24200 ni beganne net? saw ow [iewbla? bine ect ,L0@l yw" bt yx mafiA. = mpea bad ,2nei tte .ond ti sSuaitts betes savas 2 to Iain etd ed? ROwwote Ww ,fon oat ad. candt bellye: tashtta xoinw cot vob tans no You @ Sevzqe1q bad ifowbf{an bise en? ed Jad: sexitte of Blase ifowhiad bhise . . 4 gn ingem ,yIner no he gg gale bam en@o Yoamed + + -neats 247 es al Ba f v yoams,y wee ses bTYa\t bBa| , Ine io sit ,ysemert...F to nos ,yoamer Yin betoiinen evols etd ry08 eo mid evan oelsa bee Ia 16 bire mate mid evec - twreD ef) at roaia Dy ‘aide ,folzaexisyvcooa alt? e te nooa bas Yieanid bas Q wk bisa ef to seoltto edt ef trew Maoh eid? roqe octyl \ ine Dy ya(et4 ben rom oveda #2a wm bis ed? imo vrtseo oDQ tt Spguo or ban ftnattte etd? .ileowb a5 biss ou [fowblan biaa [CQL ya% to “3°S on: 1 invem edi? no Bns Jeonwpet - " of? Yo moltivoexe oA? hbewoo1g Bar ed Bi mid bet » bea sraltts oO? Jon hei initweet gol beryetet staid be roel TS walk bedinvedus bra o : L. C. caldwell veing auly sworn, ‘answers the rule upon him to show cause why he ecaka not ve attached for contempt, says; That en Monday or Tuesday of the present term of the Court he met the Jurer, J.H.Brown upon the streets of the city and after speaking te him,inquired of him if any one had approached him about any cause to be tried at the present term of the Court, and being assured by said Jurer that he had not been approached, affiant remarked to said Juror that he the said Brown, Juror, should be careful about such matters. Affiant fur- | ther says that at no other time during said term or before, had he spoken to said Juror, Brown. That affiant’s reason e## for giving such warning was, that affiant was reliably infommed that anotaer Juror had beon taken into the office of the plaintiff, either before he was summoned as a Juror or after. and in- formed that the defendants had offered §5000, by way of compromise of the eause in whieh he was interested, and this affiant selemnly swears that he has in no way or manner approached or attempted te approach any Juror either before summoned er after summoned with any purpose or motive to influence said Juror in the diseharge of his duties, or,had any one te de so for him.That what affiant said to the Juror prown was intended solely for the purpose of warning said Juror againt insidious approaches affi- ant verily beleived were being made to Jurors and persons liable to become Jurors, by friends and sympathisers of the plaintiff in said cause, As to the conversation betwecn affiant and R.A.Ragsey as set out in the affidavit ef one John F, Bowles, thie affiant says, that there is now pending in Iredcll Superior Court important litégation involving a large and valuable tract of land,wherein the said Ramsey id the defen dant, and affiant having been spoken to by said Ramsey to represent himin said litigation, and this being the appearanee term, and affiant not have ing had an oppertunity to confer with his client and prepare the answer in the eause, applied to the Court @n or about Wednesday of the first week. for an order. allowing the defendant time in whieh to prepare and file the 4 * a? ‘ | ' 3 | eS ‘answer in the eaus 7 eo. That on the evening of the 24th of May, aetey the iad " reterrea to in the affidavit ef Bowles, affiant did leave the Court House while P.D Walker was addressing the Court. That until thie time affiant — had been “in eonstant reryer en: StH attendanee upon the Court, engaged in the trial of causes, inéluding that of Long, Admr Ve N.C.R.R,. and the | State U. R.R. and had net seen or eommunicated with the said Ramsey or had any. communication from him or with him. That upon affiant's way from the Ceurt room to his offiee he met the said Ramsey near the front of Sehiller‘’s Furniture Store, whieh Furniture Store is immediately at the entrance to affiant's offiee, under the same arch. That effiant immediately engaged the said Ramsey inc conversation relative to his suit above mentioned, informing him tha’ time had been cranted by the Court in whieh tb file answer but that it would be necessary for him to give and file a justified bond in order te retain possession of the land in dispute during the litigation relative to the title. That affiant did earnestly and in an animated manner attempt te impress upen the said pamsey the necessity for said bond and the steps necessary for his defense, outlin- ing his.entire defense in said conversation, stating that he, affiant, ex- pected to use upon the trial ef said cause certain évidence sworn to by the plaintiff in a former action between the same parties in a Summary Preeecding in Ejectment, mov said land, and affiant did enjoin upen the said Ramsey in words similar te these set eut in the affidavit ef Bowles not to disclose te any one likely to convey to the plaintiff or his Cou- sel these facts, as affiant had already been unable to find eertain deeu mentary evidence whieh had been a part of the former suit and whieh should have been on file with the papers in’ said former suit. That in addition to the above, affiant war amxious to secure compen- satibn for his serviees to be rendered in said eause and to this end had prepared a draft on the son ef the said Ramsey, who is the roal penefieia ry ip the suit, whe resides in Charlotte, N.C. covering affiant's retain- er in said suit, whieh dreft seid R.A.Ramsey was to sign and have accepted . ty: his sen aforesaid. Thet in the latter part of said eonversation af- fiant remembers saying te said Ramsey, as near as he now recalls it, tol they, meaning the plaintiff in said suit,are going for you rough and are i * andead is , abet lt he ras Es after your sealp, be careful and be certain to attend to that matter, meaning the draft above alluded to. Affiant says that the snit of ee Long, Admr, against the Railroads was not mentioped or referred te by ei- ther affiant er Rasiney 7 ana if there was any conversation between the said . Ramsey and the Juror peaton or any other person touching the eause of Long, Admr against the Railroads, then being tried or any other matter as suggested by the affidavits by the plaintiff filed, this affiant says the - Same was without his knowledge, eonsent, procurement er eonnivanee. That affiant did walk eff rapidly when leaving said Ramsey, stating to said Ramsey at the time, that he, affiant,was in a hurry to go out to his farm about a mile from town, That on the night of the 24t’ of May 1901 affiant was at the Fetel Iredell where he has been almost continuously, when the Court was nét in session, in conferenee with his associates in the ease of Leng, Admr vs the Railroads, and there saw and talked with ##¢ R.V.Brawley and C.W. Beshamer, who make affidavits in this investigation; that at said time and place in a general conversation, the said Brawley stated that he was as full as a tick, er words to that effect, and afficnt replied, that if he had not so stated, affiant would net have knewn it, aé he was not x are that Brawley took to excess. That after said Brawley left affi- ant and Boshamer, affiant stated that he was going home, went into the Hetel to get a drink of water and to notify J.A-Gorham, se that if inquiry could be found, was made concerning Gertie that he eould say where Affiant at onee started heme and went as far as the St Charles Hetel and being spoken to by Mr Sherrill, stepped, sat down on the step and conversed a few moments and went on home arriving ther abeut ten cteloek or very soon thereafter, remaining there the entire night Sworn to and subscribed before me this the 27th day of May 1901 & & a Aettem tant of bmetts of mlad 190 of bm LGYoran of ,giase “wie, 197TR : to titie off fat? ayes snail tis .o? bebglfla evocr 278 1b eX? arinson oie vf of. bevretot 0 beqo ft tnom ton eaw shactliast oct teriane wmbA (gned ‘bles 03 noewsieod nol meteviies V~S “aw evtecdy Ti fna~,Youmagy wo suoltts sett to “orbs edt anitovcs nonteq tet2e yrs to HosseT LOU) ett be Yoemad Vy 10: Som dj 0 une 6 Betts yofed nent ~nbaowltad ent Santenr “mbA . 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Vow pein teonmes sbam «av fesot eelsat 37 of! aa “At 58 Inow brs omen hettase e6;0 J8 SaervtA base esa edf no mwoh ##8 , bey Od" Altrvede aM vd of nedoge qried be Meclato det duoda weit .olviy a emod go Jnow Das siromom wet 8 bose tornoS frtr o4ftooe af. yildianey 9 tev Tac tsne £00{ vaM to yes faPo edt ef om —weTed bedi toad | Werth Carolina. cece: ae _ } * Bredeti county, es te RRs, et al. ee In the Superior Ceurt, a | May term 1901, In answer to the Rule made in this ease upon affiant, te show cause why preeess for centempt, should not be issued against him, affiant, in preper persen, after being duly sworn, enewers and says, that he did net ge over te the night session ef the eourt en Friday May 24th, 1901; that abeut 9130 P.M., he took his seat in @® chair in front ef the Hetel Iredell, in the town of Statesville, with Mr.Jenes Yerke, A traveling salesman, from Coneord N.C, They talked alone seme thirty er forty minutes; there was a vaeant chair at the left ef affiant; a stranger came up and eccusied it; the stranger Jeined in the conversation with Mr.Yerke and this affiant; ail three were in general conversation for 25 er 30 minutes; having talked about the floods; damage to the crepe; delay to the trains; sounty bridges having been washed away; railroad tunnels eaving in; railroad bridges being damaged; the stranger remarked that he was - & magistrate and had been for a number ef years; he teld of a sheet- ing serape that eceurred in front ef the eeurt heuse some time age, ané then all three jeined in a diseussion as te how differently eye witnesses would see a tragedy; this affiant then asked this stranger from what Ceunty he hailed end the stranger told, but this “wffiant does not remember what county he said, whereupon the stranger said his name was Brown and that he was a jurer in the ease under litigation; this was the first intimation that this affiant had the stranger was « jurer; the three talked abeut ereps; abeut reising eetten; the effect ef the war with China, upen the cotton market; ef the cotton mills in the sountry; diseussed the advisability ef building se many cotton mille in the seuth; of raising shickena; ef the price ef eggs; what they were worth af the Present time; Brown stated that he seld his eggs and chickens and ‘beught coffee and sugar and clothing; then we talked of game cook Fighting and this affiant related his experience in Alabata abeut six years age, when several counties in that State got up a big eock fight at a stipulated peint; affiant related hew a game cock fought and how a deminecker whipped eut the whele gang of chiekene and the domineecker betters carried eff the Meney of the | Birmingham gamblers; From that the eonversation drified te a diseussion of eleetrieity as a motive power; alse cempressed air as & motive power; Brown told of a man whem he knew that was working on @ patent engine whereby it would generate its ewn compressed air and eperate itself, and thereby preduce perpetual motion; that it was hie epinion if that man got his patent perfected he would make from fifty te a hundred theusand dellars on it; Brewn further stated that he had a son whe had @ mechanical mind, and frem that the conversation drifted te the young lady stenegrapher in the eourt. house; Brown stating hew bright she was and what « geod face she had, remarking that he had studied phrenelegy and eeuld tell by leeking at q head, what kind ef « kumt Gime character was under it, whereupen, thie affiant told said Brown that the yeung lady in question was his sister in law; then the senversgatien érifted te shert hand writing; what a wonderful esienee it was; what e saving of time it was ever the old way, when the Judge had te take down the evidence in long hand; he said he had & girl werking in a stere at Gaetenia; that she was a smart girl and if this affiant remenbers correctly, he said she was earning ten dellare per week; this affi- ant suggested te the said Brown that he make a short hand writer out ef her; that there was a better remuneration in that business than in elerking in & stere, whereupon, Brown remarked he theught perhaps she had getten toe eld te start, and whereupes this affiant remarked it wae never tee late to make @ start fer geod, and Brow waid sé was 23 years old or theresbous--affiant dees net remember exactly; then the pessibilities ef a young lady, having te earn her own TOUSIER SOE, URS diseussed. Affiant selemmly avers that there was no allusion made te railroad lesses, except in a general way, wit other losses the sanudinn had nnbiets ty the recent water tally ‘thet while this conversation was in preggress, ene R.M,Sanders 3 the night policeman in the town “of Statesville, came up and engaged in conversation with the seid Brown, ené te the dest recollection of this affient, the conversation was principally about Brewn spending the night at said Sanders’ heuse; this affiant get up and asked 3 Sanders and Brown if they weuld have a eigar; beth refused, eharewen: thie affiant walked inte the hetel effice, beught a cigar, walked ever a ‘the water eooler, get a drink ef water, and while drinking, L.C.Caldwell eame up te the water cooler te get a drink ef water, but the cooler was empty; almost immediately one Beshamer jeined Caldwell and this affiant at the eooler; Caldwell said te this affiant that he was going heme and if Cel,Hendersen wanted te see him any mere that. night, he would know where te be found; Caldwell and thie affiant walled eut of the frent deor ef the hetel, Caldwell geing in the direcetion ef his heme and this affiant going in the direetion of the square; this affiant continued his walk fer seme five er ten minutes and returned te the hetel; found Sanders and Brewn still in eenversation; this affiant took the same seat he had vaeated, previous te geing for walk. This affiant neglest- e@ te say that about the ime Sanders eame up and jeind in eenver=- satien with Brown, the said Jones York had left his ehair and it was empty. Affiant further avers that after Sanders left, the eenversation lagged and bed time was suggested, Mr.Brown stated te this affiant that he had been stepping with ® friend whe lived sem distance from the court house, te the best reesliestion ef this affient, Brown said about a mile frem the court heuse; that he, Brown wae sick afd tired and did not feel able te take the walk; that he would get him a room at the hetel if they had & spare room, oe this affiant informed M.Brown, that if Mr,Gray, the he- proprietor, 414 net have « spare ream, this affiant wae eccu- | pying & de#ble ream with twe Beds in the same and that he Brown, was welcome te sleep in ene ef them; this affiant did net say that -. reom dia hot cost him anything, but effiant new believes, eines (4) nearing ‘the. seatimony of the said Brow upen the witness stand, that. the said Brown might have understood 2% to de = free invitation, on sesount ef not being familiar with the etiquette of traveling men and éf hetel life, Fellowing this conversation about the room, this affiant said te Brown--"when you get sleepy, g¢ up and turn in® whereupon Brown asked the number of affiant’s room, to whieh affiant replied" Reem 18 on the Srd fleer® The said Brown said that he was not yet sleepy, that on account of having drunk twe cups ef coffee just before court convened for the night session, he was wide awake; a few minutes more elapsed, and this affiant eannet reeall the exact conversation, but te his best recollection, it was coneerning farm life; the independence of the farmer; the good milk and butter he had, and tkaie thie affiant remarked te the said Brown that his sister married a farmer in the State ef Georgia and that it was the seuree ef the greatest enjeyment te him te | make her a vieit every summer and have full access te the watermel-~- on pateh, fruit and the preducts ef the farm; that after that cen- versation, this affiant informed the said Brewn that he was tired and sleepy and that as he had finished his eigar, he believed he would retire; that said Brewn said he would ge ever te the well aeress the street and would come up presently, whereupen this affi- ant said te Brewn "eoeme up and turn in whenever you get ready, This affiant then get up eut ef his cheir, Brewn doing the sume; thie affiant went straight te his room and Brown started aeroas the street in the direetion ef the well, This affiant says the statements te the effeet that the doors ef the hetel were clesed when affiant retired, are untrue, and this affiant says that the door was epen ané this affiant passed five or six gentlemen at the table in the office, playing « secial game of ecards; Affiant further #iys that he made ne seereey in going te his reem, but went up in the usual and erdinary way and wes net dare that his mevensnts were being spied upen; that he went directly te his room Wo,18 on the third floor of the hetel, turned on the light, pulled eff his eollar, coat and vest, walked cut ef his roem and went ever te the 418) a room that was coeupied by Mess,Wynn and Neal, the stenographers, whe were writing the evidenee in the Long ease, end which reg ie ‘situates at the top ef the stairs on the 5rd floor, Just over the rom sceupied by C.B, Watson; that Ke stood at the deor of the room of Mess.Wynn ané Neal; senversed with them for a few minutes when the eaid Brown came up the stairway and this affiant _psintes out te him room No.18; this affiant then went te nie room, and if he remem- bers correetly, the first thing he did was te open beth windows and windew blinds to let in as much air as pessible, the night being e@lose; that affiant and Brown disrebed in a leisurely and usual manner; that Brown disrebed first and got in bed and this affiant then walked to the front deor ef the room, lecked it, turned eut the light and got in bed; that something was said, either by affiant er Brown adent a beleter (pillew) and this brought to the mind ef this affiant a little jeke about a yeung man whe did not have sense enough to erawl over a belster, whereupen, this affiant teld PReovyOKED the jéke te Brown, whieh eee laughter or the part ef jams Quiet reigned fer a mement or se, when a good night greeting was exehanged and this affiant turned ever and went te sleep and this affiant believes that prewn did the sams, This affiant says that he heard ne kneeks ef any kind at ris doer, and believes that nens were made, fer the reason if there had been any knecks, affiant would have ewakened, and fer further belief that ne kneeks were made at affiants doer, this affiant was informed the next morning after geing dewn stairs, by ene Mr.Wynn that there were several kneeks on his deer, or the door ef the room in which he slept, whieh was room Ne.17 and next to the room ef this affiant, This affiant further avers that late in the night, this affiant dees not know the heur~~said Brown awakened him and asked him if there was eo eloset in the hotel, te which this affiant replied,*yes, just serega the Ballf that said Brown left the room and was gone some few minutes; he returned and affiant had net yet gone back te sleep, and remarked te said Brown-~*yeu forget te pull the string, I think” and the said Brown returned te the cleset, pulled the a Prt fe sirshan: gow te ‘the room, lucked the deer: ena this ‘is the last. aptiont | heard or saw ef Brown until the next merning about six ' Otelosk, when. this affiant sweke and found that Brown had getten Up and was partly dréssed; this affiant teld Brown te help ‘himself te| water and towels; ‘that Brew bathed his face, finsihed dressing and walked eut ef the reams The above conversation, te the best of the recelleetion of this affiant, is the entire conversation that eecurred in room No.16 with the said Brown. This affiant further avers that net one werd passed from his lips te the said Brown, er in the presence ef the said Brown, teuehing the Leng suit, in any way, shape er form, or that he alluded te any matter that wes ealeulated te bring te the mind of the said Brown, the issue that was then under investigation in the Ceurt house, and he further avers that neither did Brewn say anything te this affiant with reference te the said suit, er in any manner teoueh upen the matter, This affiant further avers that Brown was «a perfeet stranger te him, never hav~- ing seem him te recegnize him as a jurer Brown, and that all the jury were strangers te him, and that the selection ef the jury was left entirely te Counsel and this affiant paid ne special attention te them and would net at this time reeegnize more than three ef them, and those, the prominent men ef the tewn of Statesville, seme ef whom ee have been peinted eut te this affiant sinee the mistrial was declared by the Court, This affiant beg: leave te say that what he did fer Brown, would have been done fer any ether eld gen- ¢leman whe was sick and tired and whe was in a dilemma as te where he eeuld get & bed. This affiant further says that during the eenversation in frent ef the hetel with the jurer Brown, ne attempt wad made at secrecy, that every werd of the conversation was in hearing distance ten f6et ewny, and people passing te and fré «i the while; it was light in front ef the hetel and this affiant new reealls that he saw Mees,Watsen, Walker, Overman and Leng pass along eluse te where he and the juror Brewn were sitting, but paid ne special attention te the same, This effiant wishes te emphatically deny the statement made by the were wi dhioisen that this affiant did any dodging, » in and ¢ t of his roGm, and. that . the statenent se made ‘is whelly untrue, but this affiant says that. ae ‘after he had gotten 7 and bathed his face, and while wiping his at “fees won * towel; ‘he stepped partly eut ef his reem, net being e completely dressed, ealled in a loud tone ef voice, several times, e fer dary: the @elered porter; that Jerry answered, and ante affiant hollered te him to bring him some ice water, whieh was done. Purther this affiant sayeth that after he had finished dressing, he walked direetly eut ef his room, dewn one flight of stairs, went in the é@ining room and sat dewn te breakfast; This affiant denies in tote, the statement made by the witness John T.Bewles that this affiant eame out of his room, went partly dewn the stairway, returned and leeked his door and then went down stairs, and this affiant further says that his doer was never lecked after he start- ed down te breakfast, and neither did he return te his reem after starting hatin: Further, thie affiant says that after he finished his breakfast, he walked dewn to the hetel effice, found R,F,Arm field, the hetel elerk, behind the counter, and thie affiant inform ed the said Arnfield that Brewn had eccupied a bed in room we,16 , Whereupen this affiant wae informed by Armfield that the said Bréw had already been dewn and reported the matter and stated that he, Brewn weuld pay fer the ledging defere leaving Settee This affiant wishes further te state that he is not « detective of the Séuthern Railway Company, that his duties ecensist, principally, in preparing law suits against the Seuthern Railway Cempany fer trial and tec leek after them during trial. Affient further says that his said asseciatien with the jurer Brown and conversations with him, the ease then being tried net hav~- ing been speken er er sbout, by either this affiant er the jurer Brown, seid assosiation and conversations, was net had with any intent te defeat the rights or remedies ef any party in said@ esuse, or any-matter pending in said Court, nor te defeat, impair, delay er prajudite any interests therein invelved, ner te disebdey any order ef the Court, er te abuse any preeess, or remedy of ‘the ef the Court, ner te bring the Court inte misrepresentation, eentempt or ridieule, Swern te and subseribed befor me, this the 27th day ef May 190X, “.« “Werth Carelina: In the Superior Court, 4 Iredell County. ‘a May term 1901. BSPSLeng, Admr. :* Vs : ‘ vr) H.C elieRey et als J. W. GRAY, being duly swern, says that he is the preprieter of the Iredell Hetel, in the City ef Statesville, N.C., that he has known Mr. J. A. Gerham, the law agent of the Seuthern Railway Cempany.fer the past two years; that he knows his general eharacter and that it is good, Swern te and subscribed before me this the 27th day eof May 1901, a a W. M. COOPER, being (uly swern, says that he has known Mr, J.A. Gorham fer the past twe er three years; that he has had business dealings with him; that he knows his general eharacter and that it is weak, Swern te and subseribed before me p PAOD. 16 VeqiNF olO@l rye} vaM ed? al si tat) aves (fmiews vied isd ,XA"SD qa ae ee le™ gel ilvagia; te cz tS enc nten- ued si? To Janene wal fsteren att swonx «4 sai . Ae & et Swornx aaenltanud ha Jam’? bee aetoatads [et980n a] ) ted bast oy ed rem fiat. Affect furTn lela Wat Lith. ffr-t or 2a hablcete Gut, Jhat- affint hae tere North Crebrran RA YY §FOU KUnewr “B. F, LONG, A@ar, =) Wort} Carolina, is ve : Iredell County. x. Cx RsRey. et al. , In the Superior Court. biti | May term 1901. In answer to the Rule made in this stale upon affiant, to show eause why preeess fer eontempt, should not be issued against him, affiant, in proper person, after being auly sworn, answers and says, that he did not go over *o the night sessien of the eourt on Friday May 24th, 1901; that about 9:50 P.M., he took his seat in a chair in front of the Hotel Iredell, in the town of Statesville, with Mr.Jones Yorke, A traveling salesman, from eekderd HG. They talked alone some thirty or forty minutes; there was a vaeant chair at. the left of affiant; a stranger came up and occue-iecd it; the strancer jeined in the conversation with Mr.Yorke and th's affiant; all three were in general conversa:ion for 25 or 30 minutes; having talked about the floods; damage to the erops; delay to the trains; eoun'y bridges having been washed away; railroad tunnels eaving in; railroad bridges being damaged; the stranger remarked that he was a magistrate and had been for a number of years; he told of a sheot- ing se@rape that eccurred in fron* of the court house some time age, and then all three joined in a discussion as to -how differently eye witnesses would see a tragedy; this affiant then asked this stranger from what County he hailed and the stranger told, dDut this affiant does not remember what county he said, whereupon the strancer said his name was Brown and that he was & jurer in the @asé@ uncer Titigation; this was the first intimation that this affiant had the stranger was a juror; the three talked about ereps; about raising soetton; the effest of the war with China, upon the eotton market; eof the eotton mille in the eountry; discussed the advigability ef building so many cotton mills in the south; of reising ehiekens; ef the price ef eggs; what they were worth at ne present time; Brown stated that he seld his eggs and chickens and bought eoffee and sugar ard eloth ing; then we talked of gane cock 4 + aes *. a * + ence be fighting and this affiant related his experience in Alabama ieee six ‘years age, when several eounties. in that State get up-a big eek fight at a stipulated point; effiant related how # game } coak fought and how @ dominecker whipped out the whole gang of — chiskens and the domineoker betters oapebed eff the Menesy of the Birmingham gamblers; From that the eonversation drifted to | a ai seussion of @leetrieity as a motive power; also compressed air as a motive power; Brown teld of a man whem he knew that was working on a patent engine whereby it would generate its own compressed air and operate itself, and thereby preduce perpetual motion; that it was his epinion if that man get his patent perfected he would make from fifty to a hundred thousand dollars en it; Brown further stated that he had a son who had a mechanical mind, and frem that the conversation drifted to the young lady stenegrapher in the eourt house; Brown. stating hew bright #he was and what a good face she had, remarking that he had studied phrenelogy and could tell by looking at q head, what kind of « Eas RAm character was under it, whereupon, this affiant told said-Brown that the young lady in question was his sister in law, then the conversation drifted te shert hand writing; what a wonderful scienee it was; what & saving eof time it was over the old way, when the Judge had to take dewn the evidence in long hand; he said he had a girl working in a store at Gastonia; that she was a smart girl and if this affiant remembers correctly, he said she was earning ten dollars per week; this affi- ant suggested te the said Brown that he make a short hand writer Gut of her; that there was a better remuneration in that business than in clerking in a store, whereupon, Brown remarked he thought perhaps she had gotten toe old to start, and whereupon thir affiant remarked it was never too late to make a start for good, and Brown gaid she was 23 years old or thereabous--affiant.does not remember exactly; then the possibilities of a young lady having to carn her own livelihood was diseussed, Affiant solemnly avers that there was n@ Gllusion made to railroad lesses, except in a general way,. with ‘other losses the eounties had suffered by. the reeent water fell; that while this conversation was in pregeress, ene R.MsSanders “the night policeman in the town of Statesville, ¢@ame w? and engaged an Gonversation with the said Brown, and to the deat reeolles.ion of this. affiant, the conversation was prineipally about Brown apending the night at said Sanders' house; this affiant. get up and asked Sanders and Brown if they would have a cigar; beth refused, whereupon this affiant walked inte the hotel office, beught a cigar, walked over. to the water cooler, got a drink of water, and while drinking, L.C Caldwell eame up to the water cooler te get a drink of water, but..the oqoler was empty; almost immedia ely ene Boshamer joined Caldweld and this affiant at the eooler; Caldwell said to ti is effiant that he was going home and if Col.Henderson wanted to see him any more that night, he would know where to be foun@; Caldwell and this’ affiant walea out of the front door of the hotel, Caldwell going in the direetion of his home and this affiant going in the direetion of the square; this affiant continued his walk for some five or ten minutes and returned to the hetel; found Sanders and Brown still in conversation; this affiant toek the same seat he had vaeated, previous to going for a walk, This affiant negleet- ed to say that about the ime Sanders eama up and joing in conyer- sation with Brown, the said Jones York had left his ehair and ut was empty. Affiant furtier avers that after Sanders left, the ednveraation lagged and bed tine was. suggested. Wr. Brown stated te this affiant that he had beon stopping with a friend whe lived some distance from the court house, to the best recolleetion of this affiant, Brown said about a mile from the court house; that he, Brown wan sick and tired and did not feel able toe take the walk; that he would get him # room at the hetel if they had & spare room) whereupon this affiant informed Mr.Brewn, that if Mr.Gray, the he- tel proprietor, did not have a spare room, this affiant was oceu- pying a doible room with two Ueds in the same and that he Brown was wolaqme to sleep in one ef them; this affiant did not say tnas, the room. did not cost him anything, but affiant new believes, ings: hearing the testimony of the said Brown upon: ‘the witness stand, that, Ane. zaié Brow might hare understood ar to be a free fnvitation, ; Se or ay necount, ef not being familiar with the etiquette of traveling men and of hotel Life. Pellowing this conversation about the. room, this affiant said to Brown--*when you geot--sleepyy ge up and turn “tn wnereupon Brown asked the number of affiant's room, to whieh affient ‘yepliea® Room 18 on the 3rd floor® The said Brown said that he wank nob yet sleepy, that on accolint of having drunk two OURS; ee coffee juat before court convened for the night session, he was wide awake; 4 few minutes more elapsed, and this affiant * eannot reeall the exact conversation, but to his best reoolisetion, ° it was eoneerning farm life; the independenee of the farmer; the good milk and butter he had, and tuk this affiant remarked to the said Brown that his sister married a farmer in the State of Georgia ahd that it wae the souree of the greatest enjoyment to him te make her a visit every summer and have full access to the watermel- on pateh, fruit and the preducts of the farm; that after that ¢on- vyersation, this affiant informed the said Brown that he was tired and sleepy and that as he had finished his eigar, he believed he would retire; that said Brewn #aid he would go over to the well across the street and would come up presently, whereupon this affi- ant said to Brown *eome up and turn in whenever yeu get ready", This affiant then get up out of his chair, Brown. doing the Same ; this affiant went straight to his roem and Brown started across the street in the direction of the well. This affiant saya. the atatements to the effect that the doors of the hotel were closed when affiant retired, are untrue, and this affiant says that the door. was open and this affiant passed five or six gentlemen at the table in the office, playing # social game ef ecards; Affiant further says that he made no secreey in going to his room, but /went up in. the usual and ordinary way and wae not aware that his movements were being spied upen; that he went direetly te his room ¥o,18 on the third floor ef the hetel, turfied on the light, pulled eff nis collar, eoat and vest, walked eut ef his room and wont over te the (5) room that was cceupied by Mess.Wynn and Neal, the stenographors, who were writing the evidence in the Long ease, and which room is situated at the top of the stairs on the 3rd floor, Sunt ever the “room eceupied by 0.B.Watson; that he stood at the door of the room of Yess.Wynn and Neal, conversed with them for a few minutes when the sale Brown eame up the stairway and this affiant pointed out to him room No.18; this affiant then went to his room, and if he remem- bers correetly, the first thing he did was te open both windows and window blinds to let in as much air as possible, the night being close; that affiant and Brown disrobed in a leisurely and usual manner; that Brown disrebed first and got in bed. and this affiant them walked to the frent deor of the room, locked it, turned out the light. and got in bed; that something was said, either by affiant or Brown abeut a bolster (pillow) and this bought to the mind of this affiant_a little jeke about a young man who did not have genge enough te erawl over a belster, whereupon, this affient teld the jéke te Brown, which proved laughter on the part of trom, Quiet reigned for a moment or se, when a good night greeting was exehanged and this affiant turned over and went +o sleep and this affiant believes that prown did the same, This affiant says that he heard ne kneeks of any kind at is door, and believes that none were made, for the reason if there had been any knoeks, affiant would have ewakened, and for further belief that no knoeks were made. at affiants doer, this affiant was informed the next morning after going down stairs, by one Mr.Wynn that there were several knoeks on his door, or the door of the room in which he slept, whieh was room Ne.17 and next to the room of this affiant, This affiant further avers that late in the night, this affiant does not know the hour--said Brown awakened him and asked him if there was a eloset in the hotel, te which tris affiant repl 44,*"yea, just serose the Hall2 that said Brown left the room and was gone some few minutes; he returned and affiant had not yet gone back te Sleep, and remarked to said Brown--*you forget to pull the string, I think® and the said Brown returned te the closet, pulled the * & wary. ye = antly * me pod, "hah | a tm * ‘ we vA ke Sete eS Ate (6) string, returned to the room, Jecked the door and this is the last affiant heard or saw of Brown until. the next morning about six O*elock, when this affiant awoke and found that Brown had gotten and was partly dressed; this affiant told Brown to nelp nimself to water, and towels; that Brewn bathed his face, finsihed dressing and walked out. of the room. The-above-cenversation, to the best of the reeolleetion of this affiant, is the entire conversation that occurred in room No.18 with the said Brown. This affiant further avers that not one word passed from his lips to the said Brown, er in the presence of the said Brown, touching the Leng suit, in any way, shape or form, or that he alluded to any matter that was ealeulated te bring to the mind of the said Brown, the issue that was then ‘under investigation in the Court house, and he furt’er avers that neither did Brown say anything to this affiant with reference to the said suit, or in any manner touch upon the matter. This affiant further avers that Brown was a perfeet stranger to him, never hay- ing seem him to recognize him as a juror Brown, and that all the jury. were strangers to him, and that the seleetion of the jury was left entirely to Counsel and this affiant paid ne special attention to them and would net at this time reeognize more than three of them, and those, the prominent men of the town of Statesville, some of whieh have been pointed out to this affiant sinee the mistrial was declared by the Court. This affiant beg leave to say that what he did for Brown, would have been done for any other eld gen= tleman whe was sick and tired and whe was in a dilema as to where he eoule get a bed, This affiant further says that during the eonversatien in frent of the hetel with the Juror Brown, tro attempt was made at seeresy, that every werd of the conversation wae in heuring distance ten féet away and people passing te and fro all the while; it. was light in front ef the hotel and this affiant now ree@alls that he saw Meas.Watsen, Walker, Overman and Long pasa, aleng elose te where he and the jurer Brewn were sitting, but paid ne speéial attention to the sume, This affiant wishes te emphatically deny the statement made by the witness Nicholson . thap thie atfiant 4i¢ any dodging, in and out ef his rom, and thet {Bugle ne aac aes “ea IS dtl 7 ss ’ tyne”, % ¢ tae Te eRe ae Reo ‘ Cae ep S sedy hin hh x he Pee Lot Me joey 5 ag et “ wey vie . ¥ * (7) “ the: ptatement so made is wholly BNSF Us but this affiant says that a after he had ‘gotten: up and bathed hin fase, an and while wiping his , face upon ‘a towel, he stepped partly out of his room, not being completely dresued, exlled in a loud tone of voice, several times, for Jerry the golored porter; that Jerry answered, and this affiant ~pollerea to Wim t6 bring him sore iee water, whieh was dene. Purther. this affiant sayeth that after he had finished dressing, he walked direetly out of his room, down one flight ef stuirs, went in the dining room and sat dewn +o breakfast; This affiant denies in tote, the statement made by the witness John T. Bowles that this affiant eame eut of his room, went partly down the stairway, returned and locked his door and then went down stairs, and ti\is affiant further says that his door was never leeked after he .start- ed own to breakfast, ana neither did he return te his room after starting down... Further this affiant says that after he finished his breakfast, he walked down to the hotel office, found R.!.Arm= field, the hotel elerk, behind the eounter, and this affiant inform= ed the said Arnfielé@ that Brown had occupied a bed in room No.18 » whereupen this affiant was informed by Armfield that the said Brown had already been own and reported the matter and stated that he, Brown would pay for the ledging pefore leaving town. This affiant wishes further to state that he is not a detee ive of the Southern Railway Company, that his duties consist, prineipally, in preparing law suits against the Seuthern Railway Company fer triel and teo leek after them during trial. Affiant further says that his said assesiation with the jurer Brown and eenversations with him, the ease then being tried net hay~ ing been speken er er about, by either this affiant or the jurer Brown, #aid assceiation and cenversations was not had with any intent ta defeat the rights or remedies ef any party in said eause, or any matter pending im said Court, nor te defeat, impale, delay er prejudice any interests therein invelved, ner to ‘aisevey any ‘order of the Court, er to abuse any preeess, er remedy of the é oy fi of the Court, nor to bring the Court inte misrepresentation, contempt, * or ridiewe. Rane om Sworn io and subseribed before me, this the 27th day of May 1901. eS pb oe Bee ee 72224 Cet eee ee. Be Hehe LS. we ook ean) tg Ve 2 ae<<k, KZ butt b-et has AEN yall etnies sate — lwthn /tr 20. 22 fret Jewnehiuws, FO a cS Keri Ca<< lew ol tS > Se | ait SAL LH fer) -ffZ-~-=, al LZ. (Meta, SF uec sk. CW Aun ~~ S Ze | | > imo on of —--~ Be eee | | #7 O5 + Gc ite ne ee af Re ne A 3... tt an hae |Z bea, AY —“F Of — Viwhize i Oe fod North Carolina, I In the Superior Court. Iredell Connty. i May Term 1901. In the matter of proceedings as for contempt arainst L. ©. Caldwall, J. A. Gerham, R. A. Ramsey, J. fi. Brown, and B. C. Deaton. This is a procesding as for contempt arninst the above named parties heard before His Honor, Brown, Judge ot May term 1901 of Iredell Superior Court. On Wadnesday May 22nd at 2 P. ¥. the case of BR. #. Long, Admr. of B. FP, Lone, Jr., va. the North Carolina Railroad Company, ®t al., was called for trial, a jury was empanealled, and the evidance for plaintif? and defeancant all introduced and concluded on Priday the 24th of May, When the arrument upon the said case begun b; counsel. Upon information obtained by plaintiff's counsel late on Triday evening of the 2@hh and on Friday night, which information is se* out in the affidavits, the counsel for the plaintire n Saturday morning, the 25th of May after some consult. “ion, cilled the attention of the Court to the said in?’ormation, and upon suggestion of the Court that all the facts should be laid hefore him in open court, the same was according Us Www & ly done on Saturday memming the 25th of May, when the Court issued a *ham to show cause why * notice to tha above named Raspondents requiring they should not be attached as for contempt of Court, first under provisions of Chapter 14, Volume 1 of the Code; second uncer the general law ana by virtie of the inherent powers. of the Court to protect itself against contempt. When the jury was ampanelled to try the said case of lon, Admr. vs N.C. R. R. Co., at Al., and be°ore shey were allowed to retire from the court house, the Court instructed them that during the progress of the trial they should not ocllow any person to speak to them in repard to the case at any time - that no one of them should speak to any one about the case - and that no one of them should associate with, or have anything to say to any one in anywise connected with the case, either for the plaintif?’ or for the defendant - the Court exacted a promise of each and every one of the jury that they should keep and observe these instructions of the Court, and that they would report to the Court a>» one who disobeyed any one of these instructions, and this promise was riven by each and every one of the jury to the Court before he would allow tham te depart from the Court without being under the charge of an officer. The motion to attach the Respondents for contempt was heard upon the sworn statemen's made by juror J. HB. Brown and juror 8. C. Deaton and upon the affidavits filed against the Respondents and the affidavits filed in their behal® and in reply. 3 ‘Tne Clark will here copy all of the affidavits which wera of°ared in henalf of the prosacution. ) atl (The Clerk will here copy the affidavits filed in behalf of the A Respondents. ) al (The Clark will here copy the affidavits filed for the prosecution in reply to the affidavits filed by Responceants. ) At the time the matter was cnlled to the attention of the ea orice the pyen ing session on the 25th of yy) the pote oe stated th <i Y Bon ble? . Ee Pe pipet that Elida op f the jus fe wit: J. H.. Brown had spent the ni;ht a at the Hotel Iredell in the room of J. A. Corham, the Law Agent of the Southern Railway Company, who had been connected with and assisting in the defonse of this case, and that he would have to order « mistrial of the case, and he thereupon made an ordar withdrawing a juror and dird@cted a mistrial of the cause and ordered the juror J, H. Brown to come out of the jury box. | There- upon the counsel for the plaintiff were allowed to examine the said juror, Who testified as follows: "That after he had come to States- ville . a ju ay ob dine" jury was enpanelled in the Long case, that ee agar one the Attorneys of the defendants ‘* x ‘ CobdiceDh any On ae said Long eer, 2 asked him if af had eum talked to K \ A ea anmpweedgy about the said case - that he responded that no one had talked to him about, it - that thereupon the said Caldwell said to him that somebody prekbedy talk with him about thal case, but that he should be careful weewt’ who he talked to; that on Friday night after the eourt adjourned he was talking with J. A. Gorham, and that he sat and talked with him for a long time in front of hotel Iredell; thathe told Gorham that he was a juror; that Gorham invited him to occupy a bed in his room in the hotgl and th uld cost him nothing - that he had ae bee. my 18 te notply ant grgy_ tebe teritetipn lee enand, the nighegwith - aera S. Bp spon ho Le | Dm in town, but that he accepted Gorhams' invitation - that Gorham went inside of the hotel and he went across the street to the well to get a Brac of or) dr ere yt porose the street, opened the hotel eae a but > shel the ot that he went up the stairway until he got near the head of the stairs when he was called by Mr. Gorham and went on with Mr. Gormam up another flight of stairs to the third story, room No. 18, where Gorham roomed; that he immediately went to bed; that he did not hear any knocks on the door and that he did not talk with Mr. Gorham about the case - that next morning he went out first and went down to the hotel clerk and told him that he would settle for lodgi:g in room 18 where he had spent the night." He wHs~asked if My’. L. C. Caldwgll had not told y the Long case was for Aso, 000. ang that he (Browh) skook his héa@->Mr. Caldwsl) interrupte@4 the exam n and saig.- ® at conversagZion relates to what said to the , Catvey after he cm to court but before the jury wag-fmpannelled, WM. “Gathey was pe juror on the regular pagnel but hgf been peremtorfipJchallenged and Aaken off the jury by thg plaintiff. The juror B. C. Deaton testified: " That on adjournment of court on May 24th in the evening that he met R. A. Ramsey near the North corner of the court house yard immediately after he came out of court, and that he went up street with Ramsey talking about matters geerally and that Ramsey took him to Lowenstein's saloon and he took a drink of whiskey with Ramsey - that he came up street near Harrison's store and Ramsey talked to him there for some time - that they then went down the street together and turned into a lot at the back of which they stopped at Morrison's beef market and sat down in chairs and were tal) ing there Scie together for some time - that Ramsey was talking to him among other tes -3 1/2- things about the war, and after talking some time R. V. Brawley came up and joined in the conversation ~ Brawley invited Ramseyto go and take @ drink at Somer's saloon and also invited me, but I declined and Ramsey went with him - and that some time after that Ramsey returned and we three continued to talk for some time, but not about the Long case. Some time after that we all three went into the saloon and took a drink. Witness states that nethbher Ramsey not Brawley mentioned the Long case, in his presence." $ / The Court heard argument upon the evidence and rendered the followin;; judgment: (fere the Clerk will copy the Judgment in full.) ee. The rule was discharred as to Caldwell and Deaton(as to Deaton by consent), to which judgment and conclusions of the Court, tie Respondents, Gorham, Ramsey and Brown except and appealad to the Supreme Court, The Respondents assigned the following errors committed by the Court: That His Ponor erred in holding that under Chapter 14, Volume 1 of the Code that the Respordents were euilty as for contempt. | Appeal by Respondants. Notice of undeai waived in open court. Appeal hoend’ fixed at $25.00, and the Judge by the Court. sufficignt. Term, 190/ NORTH CAROLINA, | ' 1, ae CS4— jr ih County. SUPREME COURT. Z a pA Joh. (eA Hemi aut JM ree Do This cause came on to be argued upon the transcript of the record from the Superior Court of 7 ht County :—upon consideration whereof, this Court is of opinion that there is te error in the record and proceedings of said Superior Court. It is therefore congi W bt 'y the Court here, that the opinion of the Court, as delivered by Y . the Honorable 4 Ae aoe Justice, be certified to the said Superior Court, to the intent that > aa gael x fiomad. oA VL bind ini, f And it is considered and adjudged further, that the | Vater 4 A fia 7 the costs of the appeal in this court incurred, to-wit, the sum of Cc Ln 1s dollars (§ 1 c ), and execution issue therefor. A True Copy: Clerk of the Supreme Court. Werth Carelina : ‘ ee In the Supérier Court Iredell. County May Term 1901 oB.F. Dong, xe im of B.¥.Leng, Jf { Respondents ease on appeal te vs Supreme Court, in preceeding N.C.R.R. and S.U.R.R. fer centempt. IN RE J.A.GORHAM: R.A.RAMSEY; AND J.7.BROWN, AS FOR CONTEMPT, This was a proceeding as for eontempt in re J.A.Gorham; R.A.Ramsey and J.H:Brown et al, heard before Brew, Judge, at _ the May Term 1901 ef Iredell Superier Ceurt, upen metion ledged vefore . Brown, Judge, le @ netiee to reepounpt» +. a ee? they should net be attached as fer contempt under $64 of ‘ne Cede. The case being heard upon affidavits, all ef which appear in this case ~ & made up on appeal, The Clerk will here eopy all the affidavits interduced in said preceedings fer. the presecution. * The Clerk will here eopy the affidavits ef; L.C .Caldwell, J. A.Gerham. R.A-Ramsey. J .H.Brewn. H.?.Grier. J.3%.Gamble. Vott Treutman. John W. Guy. W.M. Geoper. RRA field. Pain w. Gray. r : There were twenty six (26) affidavits testifying te the good character ef 1.C.Caldwell Among thie number the Cowmty Offieers; J.K-Morrisen;. 9 BBs Hads; ‘W.M. Cooper and others, a om i. ” Tr, Ay e* & ii F ehorr S : ;Sagae css Fa eee rte 2 « ai «3g oS veh oY “Tt: ae sey Ae er P ~ wh a toe wt 2 “a "The following is the evidenee of B.C. Deaton, one of the Jurers, whe was ze ~. examined orally, in épem Court before the Judge, “After the sdjournment ef Court on Friday afternoon, May 24th 1902 i about six 0'cleek, pm. I met. the respondent, R.A.Ramsey on the street ‘pear the north eornér ef the Court Heuse green, we walked up street talk- ae ing about the recent freshets and farm matters generally; went inte Low- jabeaine Saloon and teok a drink of whiskey; came back up the street and “stepped in front ef Morrisens beef market diagenally across Center street from Hotel Iredell, sat down in ehatre and began talking about the Civil war, each of us having been seldiers in the same, After talking for some time, R.V.Brawley came up and joined in the conversation; shertly there after Brawley invited us te go with him to Semers saloon, I declined, but Ramsey went with him and they beth returned in a few minutes and we three eontinued fer semetine talking ever the war: Brawley then insisted en - Ramsey and myself going with him to take another arink. I this time#hd? time agreed and we, three took a drink ef whiskey at Somers saleon. Neither Ramscy nor Brawley mentioned the Long case in my presence, I have net talked about the case te any one." after arcument ef Counsel, the Court rendered the fellewing judgment. Here the Clerk will eopy the Judgment of the Court, T¢ whieh judgment and eenelusions ef the Ceurt the respendents, Gerham; Ramacy and Brewn exeepted and appealed te the Supreme Court. The respendents assign the fellowing errors commis tt a oe That Hie Hener erred in helding that under aplnig ret WSse-dnsiueive that the respondents were guilty as for contempt. Appeal by respondents. Netiee ef appeal waived in epen Court, Ap- peal Bond fixed at $25. and adjudged by the Court sufficient, Uae Savin ns > 2 aes e Attys fer respendents:; ; N.C. SUPREME COURT: August term, 1901, ¥ 850, Iredell. In Re J. A, ; R. A. Ramsey and J. H. Brown. This was a proceeding to punish as for contempt. The oiki were alleged to have been committed by the respondents during the trial of the civil actig of B. F. Long, Adm'r. against The North Carolina Railroad and others, in Iredell Superior Court at its May term, 1901, and upon the answers of the respondents and the affidavits filed in the matter his Honor found the following facts: 1. hat after the jury were empaneled in said action, the Court instructed them in addition to the usual instruc- tion, that it was their duty to report to the Court the name of any person who attempted to talk to them about the case or in their presence, and had each member of the jury to so promise the Court upon their honor. He further ad- vised the jury not to associate with any one connected with the case during the trial. 2. That while the trial was in progress, and just as the jury were discharged from court on Friday evening, May 24, R. A. Ramsey placed himself at one of the exits of the court house grounds, and there met Juror B. C. Deaton and took him to a bar room and treated him to a drink of whiskey and remained with him for about two hours, until about the ringing of the bell for the night session of the court, and was seen in earnest conversation with him. That after Deaton had gone back to the court house, Ramsey declared that it was his purpose in his communications with Deaton to influence his verdict in favor of the defendant in said cause and that was his only business here, and the Court also finds as a fact that he attempted to carry out his said purpose. 3. That J. A. Gorham is the law agent of the South- ern Railway Company, which company is defending said suit in behalf of the said N. C. R. R. Co., and the State University R. R. Co. and has been present during the trial, sitting in the bar and assisting counsel therein, and that the fact was known to Juror J. H. Brown. That after the adjournment of the court at its night session on Friday, May 24th, the said J. A. Gorham and the juror, J. H. Brown, were together, holding a long and close conversation in front of the Hotel Iredell, which continued for someting like two~ hours and until the: hotel doors ' were closed for the night and most of the guests had re- + 57 tired. That the said law agent and juror talked about the case on trial. That about the hour of 11 o'clock, the said Gorham left his seat, went into the hotel, ascended partly up the first stairway, where he remained until the juror, Brown, overtook. him. That prior to this, Juror Brown had left the seat where he sat talking with Gorham, crossed the street to the court house well, and remained for two or three minutes and then returned, joining Gorham on the stairway; that both of said parties then went to the room of said Gorham, No. 18, on the third floor, locked the door and extinguished the light, and remained together until the next morning; that the said Brown went to Gorham’s room in consequence of an agreement between them that Brown should occupy a bed in said Gorham’s room and that it should cost him nothing—Gorham saying that it cost him nothing. 4. That soon after, within a few minutes, after the said parties went to said room, three of plaintiff's attor- neys, who had been advised of such proceedings, went to the said room, knocked upon the door twice, and received no response. 5. That the next morning about 7 o'clock Juror Brown went down to the hotel clerk and stated that he had occupied a bed in room No. 18, and would pay for it before leaving court. That said Brown had not regis- tered as a guest. That shortly after Brown left room 18, Gorham opened the door to start down, and saw Geo. B. Nicholson, one of the plaintiff's counsel, standing in the hall way, and dodged back. That he shortly afterwards went down stairs and told the hotel clerk that Brown had staid in his room the night before, but also said that he did not know he was a juror until he (Brown) told him. The Court finds as a fact that said Gorham and said Brown knew each other as a juror and law agent before any of the said conversations or actions took place. 6. The Court finds as a fact that the object and pur- pose of the said J. A. Gorham and J. H. Brown was to 58 improperly and unlawfully influence the verdict of the said J. H. Brown in favor of the defendant in the said cause on trial. 7. As to Juror Deaton, by consent of all parties, the rule is discharged. 8 As to L. C. Caldwell and as to his conversation with R. A. Ramsey and Juror Brown and his connec- tion with J. A. Gorham at the hotel, the Court is not able to find as a fact that said L. C. Caldwell had any unlaw- ful or corrupt or wrongful purpose and the rule as to him is therefore discharged. , te 4 Gey da t Jor4qweut letyt byt Upon the Ldcias facts, it is adjudged that J. A. Gorham, J. H. Brown and R. A. Ramsey are guilty of the gross contempt of this Court, and have attempted to per- vert the course of justice and to obstruct the enforcement of the civil remedies and rights of the plaintiff in the civil action pending in this court, wherein B. F. Long, Administrator, is plaintiff, and the N. C. R. R. Co. et als, are defendants in the following particulars: (7 1. That the said respondents, J. A. Gorham has at- tempted to corrupt and influence J. H. Brown, one of the jurors sworn to try the said case, and has been guilty of conduct that tended to defeat, impair, impede and preju- dice the rights and remedies of the plaintiff in the above entitled suit. 2. That the respondent R. A. Ramsey had attempted to corrupt and influence the juror, B. C. Deaton, to the prejudice of the plaintiff, BF. Long, Administrator, in the above entitled action, and has been guilty of conduct that tended to defeat, impair, impede, the rights and rem- edies.of the said B, F. Long, Admr., plaintiff in the said suit. 3. That the respondent J. H. Brown, one of the jurors sworn to try the said case, has permitted himself to be corrupted and influenced by the respondent J. A. Gor- ham to the prejudice of the plaintiff, B. F. Long, Admr., 59 in the said suit, and has been guilty of conduct that ten- ded to defeat, impair and impede the rights and reme- dies of the said B. F. Long, Admr., plaintiff in said suit, and the due and orderly course of justice. It is therefore adjudged that the respondents, J. A. Gorham, R. A. Ramsey, J. H. Brown, are guilty as for contempt of the Court in the particulars above specified and set forth, and it is further adjudged: 1. That the said J. A. Gorham be committed to the common jail of this county for twenty days, and be fined fifty dollars ($50.00), and that he is further adjudged to pay the costs of this rule, and to be! confined till the said fine and costs are paid. 2. That the said R. A. Ramsey be committed to the common jail of Iredell county for twenty days, and shall pay a fine of fifty dollars ($50.00) and costs, and shall pay the fine and costs before being discharged. 3. That the said J. H. Brown be fined fifty dollars and costs, and shall be in custody of the sheriff till said fine and costs are paid. 60 sions of the Court the respondents, Gorham, Ramsey and Brown except, and appealed to the Supreme Court. The respondents assigned the following errors com- mitted by the Court: That His Honor erred in holding that under Chapter 14, Volume 1, of The Code, that the respondents were guilty as for contempt. Appeal by respondents. Notice of appeal waived in open court. Appeal bond fixed at . $25.00, and the Judge, by y, th SHO RR Fe fu N, Jr. Judge. NORTH CAROLINA, \ IREDELL COUNTY. j wie erans for Sora er i ee ae ee G eral, contra, mows, i thie proapeding in the court below, as the recérd dsclo- = Sea, had tor’ its object the punishment of the respondents a8 for contempt S of court and’ thie pagnent ‘was renounced against them as for gontempt. Bit oy thie argument for the ‘State here, was also directed to. the: proposition that: the judgnent: Gould be supported on the ground that the facta ‘eostituted a 6886 of Contempt of court. In support of this proposition’ numerous author 7 ~ities wore referred to but in none of those jurisdictions were the statu— :* tary laws liké those of olir State on this subject. One of them however, People vs. Wiléon, 16 A. Wl, Rep, 628 ~ 681, contains a most significant expression; it is said there "The statute may be regarded as 4 limitation © upon the power of the court to punish for any other than those acts com-_ mitted in its presence, In this power would be necessarily ineluded all - acts calculated to impede, embarras or obstruct the court. in the adminis tration of justice; ‘Such acts would be’ considered as: donein the presence of the court." But the peculiafities of the language used in dur statu- tory law and the decisions of this court upon that law forbid ns from fol- lowing such precedents, Noggin wan tdignt NI nghietiD sme Reiner apatite wienepatm. Chapter 14 of The Code, a compilation of the Acts of 7 1869 and 1870'71, concerning contempt, embraces the whole law of our Stabe at the present time on that subject. With the origin, history and objects of those Acts the older lawyers of the State are familiar, and it would serve no good purpose to enter upen 4 discussion of the same. The Act. of 1868 was exactly the law which we now have embodied in Chapter 14 ot The Code, except that sub-division 7 of Section 1 6f that Act, concom— ing the publication of the proceedings in Courts of record, was amended by the Act of 1871, there being added also in the Act of 1871 @ section con- _ o@ening the debarring of attormeys of their license to practice law and © " $wo-further sections in the following words: "Section 2. That the several, acta, neglects and omissions of duty, malfeasances, misfeasances and non— feasances specified and described in said Act of April 1869 as hereby 3 amended shall be and they axe hereby declared to be the only acts, noeote na dudaioas ¢ of ay malteasances, misfeasances aid nonfeasances which Fe phall be subject of contenpt of court. Section 3. That if thére be any. ee parts: of the Common Low now in force in this Stabe which recognized other . 4 _ ’ , ‘neglects, omissions of dut Ys malfeasances, misfeasances (or nonfeasan- oes besides those specified wid described in said Att the sang ate hereby E “repealed anil annulled." The preamble to the Act of 1871 refers indirectly es “it ‘Clearly, to wm Opinion of this court delivered by. Chier Just ive Peak - : gon An the Gaze of Ex Parte Moore, 68 N.C. 897 in whieh it eh ents that there were other matters and acts which were the subjects of contempt ab. “eommon law which whieh were nét embraced in the Act, of 1680, ‘and the added sections above quoted were the admitted result of the opinton of the court. this eoure has repeatedly held that the Act of 1871 limiting the power of “the courts to punish for contempt to the particular instancea and acta én braced in the Act of 1869 was not unconstitutional. Ex Parte schengk, 65 H. ©, 866; In r@ Oldham, 89 N. C, 33; Kane ve: Hayetot, 66-8. C. 1. In the last mentioned case the court said, Chief dustice delivering the. opinion; “rhs praiiile (td the Act of 1871) scts out that doubts have been expressed - as to the ¢onstruction of the Act of 1869°by reason of whien the judicial 4 authority have asserted that these other acts of contempt not specified in © paid Ast at111 exist at the comin law, and the courts have assumed to ex- ereise jurisdiction over the same and to impose other punishments therefor © ‘ # The stabute then goes an with a aanifest intention to restrict the power. of S the Judiciary just as far as the Constitution permits the General Assembly and confines the neglects and omiasions of duty, malfeasances ete., 2 Es specified particulars in the Act ef 1869 and for fear of evasion by | the courts; it ts enacted "If there be any parts of the common law now in * force in this State which recognise other acts, néglects/ malfeasances éte. sto, the sane are hereby repealed and anmilled.’" The facts in the ease | before us do not fall under the specifications of contempt in chapter i“ A PT The Opdg and the respondents are therefore not gitlty of contempt. They / would bé Wilt tor the Act of 1871 although aot specified in The Code, for, but tor thas Act, we would have no hesitancy in saying as Was said in x ¥ Parte Moor, that the Aot of 1869 did not embrace all the acks Which st. nm. : ep tee See i law constituted Gontempt. But as we have sald in the beginning of Bs +nis opinion, this matter was proceeded with in the court below as for | gqntempt and particularly under sub-division 7 of section 664 of The Code. heh is in these words} "Ali other cases where attachments and proces d— ; ing as for contempt have been heretofore adorted and practiced in courts — of wecord of this State to enforce the civil remedies, or probedh the ~ rights of-any party to an-ection." That. provision olearly applies to he ne Yo a sp eokgan in the matter of | In re ‘Deaton, 106 §. 6. 59. In the argument. here our attention was called | to. bection 666 of The Code which is in these-words; "To sustain @ proceed ing’ ag for contempt the act complained of mst have been such as tended to « defeat, impair, impede or prejudice the rights or remedies of a party to an aotion then pending in court,” and. it was insisted that that section COVE Te thé facts in the case before the court. “But we think that that section must refer only to those apron haere 3 of acts Shieh which sudject persar Aid i, ye ak Aton creole we “nites ion Bb4 of yOue.) pears report ~ oe “bit ~. think fron tite fasts ‘foubd by nis nani that the respondents Gone , 5 Spa and Ramsey unas folly interfered with the proceedings ofan. action * "Pending: ‘and pettig tried by. him, “and in doing s0, violted the law as it is written in the. ast. sentence of sub-section 8 of Section 654 of The Code, mel ang. thee for: hiot offence the judgment and senterice pronounced ftpon. then. “a © ghoul be pustadned. © The: whole of sub-section 3 (pte feced by the opening.” 3 cord of ‘the ‘abot ton ‘664,"overy court, of record shall have power to pun~ F Ash as tor eorkempt"),: Feads as follows: "All pérsons for assuming to be” : “ett ieera, ‘attomeys or counsellors of the court, and soblive as such ithe authority, tor ‘feceiving any property or person which’may be in custody of: any officers by. virtue of-any order or precess of the court, for unlewfal- ay detaining any ‘witness or party to any suit, while going to, remaining at or returning from the court where the same may be set for trial, or for the. : fam Lanta interference with the. proceedings in any action.* the acts for: | . jwifigh the respondents were Tound quilty vere interferences with the pre~ : ceedings. in thet setion of the most umlarml aid idehensibie kind, AB soe the juror Brown, the other réspondent, the proceeding was also properly had ¢ as 40 him under sub-section 6, Section 664 of The Code, in which it is des” 4 clared that punishment as fer contempt may be awarded “partion sumoned as jurdrs for impropriety, conversing with parties or others in relation to an astion to be tried at such court, or receiving communications there- from." 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