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Sign up freeThe Charlotte Journal
Charlotte, Mecklenburg County, North Carolina
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In a Pontiac, Michigan court trial over an election bet, witness Samuel N. Gratiot threatens defendant George W. Wisner, who draws pistols in response. Justice Henderson winks at Gratiot and refuses protection. The jury deadlocks; Henderson is later arrested for allegedly forging a verdict in favor of plaintiff Benjamin Irish.
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Benjamin Irish had sued George W. Wisner for the recovery of a bet made upon the result of the election. Among other witnesses in favor of the plaintiff, was Samuel N. Gratiot, editor of the Administration paper in Pontiac, and a candidate for the State Legislature. Being asked by the defendant whether he was interested in the event of the suit, he replied that he had promised the plaintiff to help him to pay the expenses of the suit—had also promised to help five others to tar and feather the defendant, and carry him out of the village. He knew the ballot box had been robbed, and he did not care a pin.
The defendant objected to receive Gratiot's evidence, and commenced making remarks to the Court in support of the objection. Gratiot rose, drew up his chair, and said, "If he (meaning Mr. Wisner,) says any thing that insinuates against me, by — I'll knock him down."
The defendant to the Court: "I do not intend to insinuate any thing against any body. I only wish to show the Court the impropriety of receiving Mr. Gratiot's testimony, and I trust the court will protect me. It is a strange state of things indeed, if I must be openly assaulted in a court of justice." The defendant recommenced his remarks, and Gratiot again rose, drew his chair and swore he would knock him down if he insinuated any thing against him.
The defendant to the Court: "Will the Court protect me by ordering an officer to take the fellow in custody!"
Esquire Henderson: "No I shan't." [Winking to Gratiot.]
The defendant to the Court: "Very good, sir, then I shall protect myself."
Here the defendant drew from his pocket a pair of small pistols, cocked them, held one in each hand, and proceeded with his remarks to the Court. Gratiot turned pale, and his lips quivered, he dropped his chair, retreated to the back part of the Court room.
Esquire Henderson then said that the further consideration of the objection would be postponed at that time, upon which the defendant coolly replaced his pistols in his pocket, and took his seat.
The case was at last committed to the jury, who could not agree: and Mr. Justice Henderson is accused of having forged a verdict in favor of the plaintiff. On this accusation he has been arrested.
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Pontiac, Michigan
Story Details
In a trial over an election bet, witness Gratiot admits interest and threatens defendant Wisner with violence; Wisner draws pistols when unprotected by Justice Henderson. Jury deadlocks; Henderson accused of forging verdict for plaintiff and arrested.