Page:Federal Reporter, 1st Series, Volume 1.djvu/746

738 FEDERAL REFOBTEB. �to talk with him, concerning the facts and evidence in the case, and also did corruptly negotiate with said Burnstine aa to the verdict he should render in said cause, and that re- spondent was guilty of misbehavior in the presence of the court, or so near thereto as to obstruct the ends of justice, in the facts above set forth. �The answer of the respondent admitted hearing the orders of the court above referred to, but denied that he violated said orders. Eespondent further denied that he had any conver- sation or negotiations with Burnstine whereby, for any con- sideration, he would, in declaring his verdict, favor the defendants. With regard to the alleged interview with Burn- stine, which took place after the arguments had been con- cluded, and the night before the charge was given and the case committed to the jury, respondent averred that he was a physician, practicing his profession in Detroit, within a half a block of Burnstine's residence ; that on Sunday, the twenty- first day of December, a man, calling his name Miller, resid- ing, as he said, upon Gratiot street, called upon the respond- ent for professional treatment; that, after examining and pre- scribing for him, Miller said to him, "You are a juror in the tobacco trial," and began to talk of the innocence of Eoths- child, and his standing in the community, when the respondent said to him, most emphatically, that he must not talk in that way to him, as it was against his duty to speak of the case; that Miller then stated that the respondent's conscience was too tender, or words to that effect, and that he could just aa well make money out of this ; that he had himself once been a juror, and got $250, and nobody ever heard of it. Eespond- ent protested against such talk; and when Miller was going toward the door he said that respondent could make $400 or $500, and that he would call again. �He further saya that he made up his mind to inform the court of the matter next morning. But on further refl-eetion, remembering the man's statement that he would call again, respondent determined to wait, accept what he might ofifer him, and present it to the court with a public exposure ; that- on the same day he prepared an envelope and addressed it to ��� �