Page:Federal Reporter, 1st Series, Volume 1.djvu/747

a EB EDWARD S, MAY. 739 �the judge of the court, in which he proposed to put whatever should be handed to him by Miller, seal it up and hand it to the court in that condition; that he carried the envolope in his pocket ail that week but did not again see Miller; that in the latter part of the week he became anxious about the mat- ter ; thought he had neglected his duty in not exposing the matter at first, and thought again of speaking to the court, but did not from the fact that he had not ascertained posi- tively whom the said Miller represented, and that he might be doing a grave injury and injustice to the defendants, if it should turn eut that he did not represent them, as he con- sidered that the trial was nearly at an end, and that Miller might possibly, if representing an interest adverse to the Eothschilds, have taken just that course to prejudice them with the respondent as a juror, and thinking the matter over he concluded that a man who would want to do a grave injury to Eothschild might bave taken the very course that Millei did take to injure him. �He further averred that he waa clearly of the opinion that he ought not to allow the trial to close without taking some stepsiu regard to the matter; and on the evening of Sunday, the twenty-eighth of Deoember, before it was fairly dark, re- spondent, thinking that if Miller had eome from the defend- ants Burnstine would know ail about it, respondent could determine the fact as to whom Miller represented by goin^ to Burnstine; that he went up the steps of Burnstine's house and rung the bell ; a boy came to the door, who asked re- spondent in, but respondent declined to go in, and asked to bave Burnstine step to the door. Burnstine came to the door. Eespondent asked him if he knew him, when respond- ent asked him, "Do you know a man by the name of Miller," believing that, from the question being put in that way, if Miller had any privity with Burnstine the matter would be exposed by Burnstine, and he would think respondent came to treat with reference to Miller's proposition. Without answering that directly, Burnstine insisted upon respondent coming in, which he did, and stayed not to exceed five minr utes, when the whole conversation turned upon the question ��� �