Clark v. United States, 289 U.S. 1 (1933)
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U.S. Supreme Court CLARK v. U.S., 289 U.S. 1 (1933)
[Page 289 U.S. 1, 14]
while considering his verdict, we think the privilege does not apply where the relation giving birth to it has been fraudulently begun or fraudulently continued. Other exceptions may have to be made in other situations not brought before us now. It is sufficient to mark the one that is decisive of the case at hand. The privilege takes as its postulate a genuine relation, honestly created and honestly maintained. If that condition is not satisfied, if the relation is merely a sham and a pretense, the juror may not invoke a relation dishonestly assumed as a cover and cloak for the concealment of the truth. In saying this we do not mean that a mere charge of wrongdoing will avail without more to put the privilege to flight. There must be a showing of a prima facie case sufficient to satisfy the judge that the light should be let in. [Footnote 1] Upon that showing being made, the debates and ballots in the jury room are admissible as corroborative evidence, supplementing and confirming the case that would exist without them. Let us assume for illustration a prosecution for bribery. Let us assume that there is evidence, direct or circumstantial, that money has been paid to a juror in consideration of his vote. The argument for the petitioner, if accepted, would bring us to a holding that the case for the people must go to the triers of the facts without proof that the vote has been responsive to the bribe. This is paying too high a price for the assurance to a juror of serenity of mind. People ex rel. Nunns v. County Court, supra.
[Page 289 U.S. 1, 20]
We have considered the arguments to the contrary, and find them without merit.
The judgment of the Circuit Court of Appeals is accordingly affirmed. Footnotes
Footnote 1 As to the function of the judge in the decision of such preliminary questions, see Maguire and Epstein, Preliminary Questions of Fact in Determining the Admissibility of Evidence, 40 Harvard Law Review 392, 397, 403; Morgan, Functions of Judge and Jury, 43 Harvard Law Review 165; Maguire and Epstein, Rules of Evidence in Preliminary Controversies as to Admissibility, 36 Yale Law Journal 1101, and the cases there collected.
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