Melville Fuller

“ Affidavits were read, showing that upon the removal of the sick juror from the room in which he and his fellow jurors were dining together the other jurors separated, some running to and from the sick man's room, and others going in other directions and alone. In opposition were read the affidavits of the jurors and of the court officers, to the effect that the jurors were always in charge of the officers, that none of them were ever alone, and that no communication was had with them by any person in reference to the case. ”

“ In view of the evidence as to his physical and mental condition upon actual examination, as to the facts of his past life, and of his condition for weeks after the trial, the learned recorder could not well have decided otherwise than he did; and I think we must agree with him that the opinions of the experts for the people were warranted by the evidence, and that those of the defendant's experts were not. ”

“ He gave his opinion that the attack had been caused by the mental strain, and he thought the juror might be able to come to the court after a while. Later in the evening, the juror, having improved, was brought over, and took his seat, with his associates, in the jury box. It appeared that they had agreed upon a verdict before the illness, but the recorder thought it inadvisable, under the circumstances, to then receive their verdict; advising them to again retire and confer. They did so, and shortly returned with their verdict. ”