109 Ga. 383 | Ga. | 1899
Upon the trial of this case in the superior court of Sumter county, the plaintiff in error moved for a mistrial, on the ground of misconduct of the jurors, and especially on-account of the courtesies and favors received by Howard, one of the jurors, from one Hall. The court took cognizance of the fact that Howard was a juror, and that Hall had been declared disqualified as a juror, because he had a case pending in the same court against the defendant for damages that he claimed accrued to him out of the same railroad accident for which plaintiff, in his suit, claimed damages, Hall’s suit being for damages to his mules, wagon, and other personal property injured at the same time and place. It further appears from the record that the plaintiff below, by his counsel, asked that Hall be allowed to remain in the court-room to assist them in the management of the case, which the court permitted, and Hall did remain, and assisted in the conduct of the case and in the selection of the jury. All these things occurred in the présence of the court. It further appeared in testimony that the jury were allowed to disperse when court adjourned on a certain day during the trial, with instructions to communicate with no one about the case. Hall was in court at the time, and at night after the adjournment he extended an invitation to one Pounds to go and get a drink with him, and Howard, who was standing near, accompanied them by invitation of Pounds. They went into an open barroom, and there ordered drinks and cigars, Hall paying for the treat. Afterwards Hall and the juror retired to the same room in the hotel, and slept together in the same bed. The next morning a motion for mistrial was made by counsel for the railway company, and was overruled by the court; and upon this ruling error is assigned in the bill of exceptions.
In the administration of law there is perhaps nothing that is guarded with more vigilance by the judiciary than the conduct of the jury pending the trial of a litigated case. For the sake of public policy, and for the purpose of maintaining and protecting the purity of the jury-box, and to insure a fair and impartial trial to litigants, it is the policy of the law that each
Judgment reversed.