Page:Federal Reporter, 1st Series, Volume 6.djvu/863

POOL V. C, B. & Q. R. CO. 851 �ment, of the juror that what he bas said or heard bas not affected or influenced his judgment. �Almost any juror, -when detected in such misconduct and arraigned for it, will disclaim the influence upon his own mind of what he has uttered in violation of his duty. This is human nature. Moreover, few have either the capacifcy or can- dor to speak with any reliahle certainty of the elements which enter into their own minds in pronouncing a judgment or verdict. �The only safe rule for the court to follow is to form its judg- ment from the natural and logical consequences of the juror's words and conduct, with little regard to his protestations in exculpation of himself. �AU parties, and especially corporations, have a deep concem in keeping juries strictly to the Une of duty and propriety. When they deviate from that Une there is no longer any secarity against tbose malign, extrinsic influences wbich are sure to pervert and poison the streams of justice. �An order will be entered setting aside the verdict, and grantinga new trial; and the court will consider a motion, if made, to rescind the order transferring the case to Eeokuk for trial. It is quite evident that there is in that city a deep and all-pervading sympatby for this unfortunate plaintiff, wbose home is among its citizens, and in whose sorrows they largely participate. Althougb this feeling is but natural and by no means discreditable to the citizens of that city, yet the manifestation of it at the trial was so marked and so un- usnal as to induce a belief that the ends of justice will prob- ably be best subserved by a trial elsewhere. �McCbary, C. J., havingbeen of counsel, took no part in the case. ��� �