Gibbs v. Dewey
New York Supreme Court
In slander, the plaintiff declared, in the first count, that he was a witness for the prosecution upon a certain trial of an indictment against the defendant, who was acquitted; and that the defendant said of him, “ I should have got clear of . ° the charge without the jury’s going out of the box, if old Gibbs (the plaintiff) had not handed papers to John Wilson, (one of the jurors) to influence" the jury; and he run away, or the judge would have shut him in prison, where he…
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In slander, the plaintiff declared, in the first count, that he was a witness for the prosecution upon a certain trial of an indictment against the defendant, who was acquitted; and that the defendant said of him, “ I should have got clear of . ° the charge without the jury’s going out of the box, if old Gibbs (the plaintiff) had not handed papers to John Wilson, (one of the jurors) to influence" the jury; and he run away, or the judge would have shut him in prison, where he could not have got out in one week.” In the 2d count the words ° were thus laid: “Gibbs handed papers to influence or…
1Opinion of the Court
Curia, per Sutherland, J.
Embracery is defined to be, an attempt by either party, or a stranger, to corrupt, or influence a jury, or to incline them to favor one side by gifts or promises, threats or persuasions, or by instructing them in the cause, or any other way, except by opening and enforcing the evidence by counsel at the trial, whether the jurors give a verdict or not, and whether the verdict be true or false. (3 Bac. Abr. 785. 1 Hawk. P. C. ch. 85. Co. Litt. 369.) And it is an offence at common law, as well as by statute, (id. 1 R. L. 174, 334 ; 4 Bl. Com. 140,) and punishable by fine…
2Cases cited1 opinion
- Miller v. MillerNew York Supreme Court · 1811
3Cited by6 opinions
- Seller v. JenkinsIndiana Supreme Court · 1884
- Barron v. FrinkCalifornia Supreme Court · 1866
- Thompson v. Lewiston Daily Sun Publishing Co.Supreme Judicial Court of Maine · 1898
- United States Rolling Stock Co. v. ChadwickAppellate Court of Illinois · 1890
- Bradburg v. SegalSupreme Judicial Court of Maine · 1922
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