d a
conversation in the adjoining room--I could not help hearing it, as
it was carried on without any attempt at concealment, and the room was
only separated from me by the canvas--between one of the jurors and
one of the opposite party, in which the juror assured the party that
it was "all right," and he need not worry as to the result of the
suit; his side would have the verdict; the jury were all that way.
On the next day, when the case was summed up, the saloon in which the
trial was had was crowded with spectators, most of whom were partisans
of the other side. I addressed the jury for over three hours,
and after having commented upon the evidence at length and shown
conclusively, as I thought, that my client was entitled to a verdict,
I said substantially as follows: "Gentlemen, we have not endeavored to
influence your judgment except by the evidence; we have not approached
you secretly and tried to control your verdict; we have relied solely
upon the law and the evidence to maintain our rights to this property.
But the other side have not thus acted; they have not been content
that you should weigh only the evidence; they have endeavored to
corrupt your minds and pervert your judgments; they have said that
you were so low and debased that although you had with uplifted hands
declared that so might the ever-living God help you, as you rendered
a verdict according to the evidence, you were willing, to please them,
to decide against the evidence, and let perjury rest on your souls.
I know that you [pointing to one of the jurors] have been approached.
Did you spurn the wretch away who made a corrupt proposal to you,
or did you hold counsel, sweet counsel with him? I know that you
[pointing to another juror] talked over this case with one of the
other side at the house on the hill last night, for I overheard the
conversation--the promise made to you and your pledge to him. In the
canvas houses here all rooms are as one; the words uttered in one
are voices in all. You did not dream that any but you two were in the
tent; but I was there and overheard the foul bargain."

At this thrust there was great excitement, and click, click, was heard
all through the room, which showed a general cocking of pistols; for
every one in those days went armed. I continued: "There is no terror
in your pistols, gentlemen; you will not win your case by shooting
me; you can win it only in one way--by evidence showing title to the
property;