Opinion of the Court.

mortal wound alleged to have been inflicted by the defendants, and that he died at the time and place at which the mortal wound was inflicted.

The court overruled a motion of the defendants for a new trial, made upon the ground that the jury, from the time they were empanelled until they returned their verdict, were not in charge of a proper officer. At the hearing of this motion, it was admitted that the jury, during all the trial, were in charge of a deputy marshal of the United States for the district, who was not sworn as bailiff of this jury, and the only oath ever administered to whom was as deputy marshal many months before the trial; and "that the court instructed the jury in this case that they must not separate, must not talk to each other, and must not allow themselves to be talked to by any party on the outside, about this case." It would have been according to the more usual and regular practice, to administer a special oath to the officer put in charge of a jury. But the jury were in charge of a deputy marshal, who had, as such, taken an oath that he would "in all things well and truly, and without malice or partiality, perform the duties of the office of marshal's deputy." Rev. Stat. § 782. No objection to his taking charge of the jury without a new oath was made at any stage of the trial; the jury were duly cautioned by the court not to separate, nor to allow any other person to talk to them about the case; and there was nothing tending to show that the jury were exposed to any influence that might interfere with the impartial performance of their duties, or in any way prejudice the defendant. Such being the facts, the court was not obliged, as matter of law, to set aside the verdict because no special oath had been administered to the officer in charge of the jury.

No other question of law affecting the defendants John C. Ball and Robert E. Boutwell is presented by the copy of record submitted to this court, and which, by stipulation of counsel, has been agreed to contain everything that is material.

Judgment reversed as to Millard F. Ball, and affirmed as to the other defendants.

APPENDIX.

I.

CASES ADJUDGED IN THE SUPREME COURT OF THE UNITED STATES AT OCTOBER TERM, 1895, NOT OTHERWISE REPORTED, INCLUDING CASES DISMISSED IN VACATION PURSUANT TO RULE 28.

No. 797. AETNA LIFE INSURANCE COMPANY v.. FLORIDA. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit. November 18, 1895: Petition denied. Mr. Frank M. Estes for the petition. Mr. L. R. Wilfley opposing.

No. 109. ALLEN v. CANNON. Appeal from the Supreme Court of the Territory of Utah. December 4, 1895: Dismissed with costs pursuant to the tenth rule. Mr. Charles H. Armes for appellant. No appearance for appellees.

No. 212. AMERICAN DOCK AND IMPROVEMENT COMPANY v. JERSEY CITY. Error to the Court of Errors and Appeals of the State of New Jersey. April 13, 1896: Dismissed for want of jurisdiction. Mr. J. D. Bedle and Mr. Robert W. De Forest for plaintiff in error. Mr. Gilbert Collins and Mr. Wm. D. Edwards for defendants in error.

No. 994.

AMERICAN WATER WORKS COMPANY v. FARMERS' LOAN AND TRUST COMPANY. No. 995. CLARKSON V. FARMERS'

Cases not otherwise Reported.

LOAN AND TRUST COMPANY. Petitions for writs of certiorari to the United States Circuit Court of Appeals for the Eighth Circuit. May 18, 1896: Petition denied. Mr. John L. Webster in support of petitions. Mr. David McClure opposing.

No. 803. ANDREWS V. THUM. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the First Circuit. January 6, 1896: Petition denied. Mr. Thomas J. Johnston and Mr. Wm. H. Doolittle for petitioner. No one opposing.

No. 126. ASLESEN V. MINNESOTA. Error to the Supreme Court of the State of Minnesota. December 17, 1895: Dismissed per stipulation. Mr. John M. Oliver for plaintiff in error. Mr. H. W. Childs for defendant in error.

No. 787. ATCHISON, TOPEKA AND SANTA FÉ RAILROAD COMPANY V. MULLIGAN alias GUIVER. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Seventh Circuit. November 25, 1895: Petition denied. Mr. E. D. Kenna, Mr. A. T. Britton and Mr. A. B. Browne for petitioner. Mr. Alphonso Hart opposing.

No. 816. BACA v. UNITED STATES. Appeal from the Court of Private Land Claims. December 9, 1895: Docketed and dismissed on motion of Mr. Solicitor General for appellees. No one opposing.

No. 626. BALTIMORE AND OHIO RAILROAD COMPANY V. SUTHERLAND. Error to the Supreme Court of the State of Ohio. March 23, 1896: Dismissed for want of jurisdiction. Mr. John K. Cowen for plaintiff in error. Mr. G. R. Walker, Mr. John H. Doyle and Mr. Warren Severance for defendant in error

Cases not otherwise Reported.

No. 78. BALTIMORE AND OHIO AND CHICAGO RAILWAY COMPANY V. YARDE. Error to the Circuit Court of the United States for the District of Indiana. November 20, 1895: Dismissed with costs, on motion of counsel for plaintiff in error. Mr. John K. Cowen and Mr. E. J. D. Cross for plaintiff in error. Mr. Merrill Moores for defendant in error.

No. 954. BARBER V. ISAACS. Error to the Supreme Court of the State of Washington. May 25, 1896: Dismissed with costs on motion of Mr. John H. Mitchell for plaintiff in error. No appearance for the defendant in error.

No. 772. BARBER ASPHALT PAVING COMPANY V. HARRISBURG. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the Third Circuit. October 21, 1895: Petition denied. Mr. William H. Middleton for the petition. Mr. A. S. Worthington and Mr. Charles H. Bergner opposing.

No. 127. BASSETT v. MINNESOTA. Error to Supreme Court of the State of Minnesota. December 17, 1895: Dismissed per stipulation. Mr. John M. Oliver for plaintiff in error. Mr. H. W. Childs for defendant in error.

No. 28. BATE REFRIGERATING COMPANY V. TOFFEY. Appeal from the Circuit Court of the United States for the District of New Jersey. October 14, 1895: Dismissed per stipulation. Mr. Paul H. Bate and Mr. B. F. Lee for appellant. Mr. Livingston Gifford for appellees.

No. 927. BAUGHN v. MILLIRONS. Appeal from the Circuit Court of the United States for the Southern District of Georgia. May 4, 1896: Dismissed with costs pursuant to the tenth rule. Mr. W. C. Glenn for appellant. Mr. J. M. Terrell for appellees.

Cases not otherwise Reported.

No. 278. BERTHA ZINO AND MINERAL COMPANY V. CARRICO. Appeal from the Circuit Court of the United States for the Western District of Virginia. November 11, 1895: Dismissed with costs on motion of Mr. F. S. Blair for appellant. No appearance for appellees.

No. 233. BLACK V. BLACK. Error to the Circuit Court of the United States for the Eastern District of Pennsylvania. April 27, 1896: Dismissed for the want of jurisdiction on the authority of Smith v. McKay, 161 U. S. 355. Mr. Francis Tracy Tobin and Mr. Henry Budd for plaintiff in error. Mr. Arthur Biddle and Mr. George W. Biddle for defendant in

error.

No. 274. BOOTH v. CRAWFORD. Error to the Supreme Court of the Territory of Utah. October 14, 1895: Dismissed with costs, on authority of counsel for plaintiffs in error. Mr. James N. Kimball for plaintiffs in error. No appearance for defendant in error.

No. 792. BuOK v. UNITED STATES. Error to the Circuit Court of the United States for the Western District of Arkansas. March 9, 1896: Judgment affirmed. No appearance for plaintiffs in error. Mr. Attorney General and Mr. Assistant Attorney General Dickinson for defendant in error.

No. 775. CALIFORNIA FIG SYRUP COMPANY v. PUTNAM. Petition for a writ of certiorari to the United States Circuit Court of Appeals for the First Circuit. October 21, 1895: Petition denied. Mr. F. W. Lehmann and Mr. Paul Bakewell for the petition. No opposition.

No. 167. CAMPBELL v. QUIGLEY. Error to the Court of Common Pleas of Charleston County, South Carolina. March 19, 1896: Dismissed with costs, pursuant to the tenth rule.