The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-08
LEGAL INTELLIGEEcE.


sent, in company. with others, to find the two girs
who mad absented themselves, made his report this
morning sH .. when was as ol9T started yes sr
depot, and went to Wilmington in search of these
witnesses. After looking about Wilmington for
there-we were unsuccessful until about halfpasil3
o'clock-in thai neighboIhood. We found out, by
the Grant House, on the New Castle road, some
little distance outside Of Wilmington City. We
Judge Allison-YO on have them here nowf
Mr.. Ashton--Yes, stf.
Judge Allison-The order of the Court is that you
hold these witnesses under these attachments until
further order from the Court.
District Attorney Mann-May IL please the Court
one OF the jurors IN this case Is sck, to be
utterly unable to come into Court as juror. His
to come to Court i ask the Court that ph ysician
may be sent to examine HIM, and report his con-
dIton,
Dr Sunderiin was then called and sworn.
His Horror Judge Allison said to him-DOctor,
l. is reported by the officers having the the
this morning We want you to ascertain his
room, make an examination Of him. aud make a
report of his condition TO the CourtS As this IS
ana direct examination with regard to the juror, and
make full return.
Hewas absent about fifteen minutes and reported
| as iollOws;-
man, and examine what his CONDITION wasS
a. / saw HIM in Filth street, below Walnut, at
the Grand Jury Room
Q. Did You make a medical examinationG
A. did; he was in high state OF nervous eX'
citement, and is laborine under delirlum tremens;
his answers very evasive to all my questIons
he imagined that his tongue was iull OF
worms; he SAID that he was going down
town. He is now in perfect state OF frenzy with
dehrium tremens. Q. What Is your opinion, doctor
from this examination, as to his ability to sit as a
juror at this tune, this caseg A. think, SIR he Is
per ectlV incapaoie, and will not be capable for
some time; his mind IS Wandering; could not get
any direct answer to any question 1 proposed. Q
q
this man to proper frame OF mind, so that he can
1 ms SS aSy as calm SnS sm S
| TO act as juror. have had number OF cases OF
the kind before O. Is there any, damage to his
health or is there any serious perll of his life in
Cured by keeping him shut up with the other
jurors in the condition in winch he now Is
qmet, and the surroundings quiet. Q. Is he IN
condition now which he could be brought into
Court IN charge OF the officers with the other Jurorsv
Judge Alrson-l do not mean to sit in the jury
Or. Sur derline-I think the excitement might be
so great that weuia have aificuty IN restrain
M him, as there is extreme difficulty in quoting
BY District Alto ney Mann-Is it necessary, sbso.
treatment OF him. that he should Oeeparate from
rest OF the jury, and kept by himself, gu ct and
is 1t necessary thar he should have and pc
| waichedS A. Yes, sir; by all means. Q. Without
| that care or without that nursing which must be
done separate and apart the jury, there any
danger that ne VIII not recover ms health! A NO,
| SIR; most OF these cases pa SiVe, and easily
su6dued and controlled, but tins case is a violent
one. q. Do you believe that necessity exists that
the Juror should be separated from the other jurors
kent alone. watched, ana nursed in order give
him an opportunity to recover9 think 1t is
imperative. Q. YOu believe that. the excitement
necessarily resulting from being kept with eleven
other persons in the room, extremely dangerous to
him in his present condition. A, Yes, sir.
10 @r; MaSnIM6eR speak OF dangerous mean
Or. Sunderin--I understand it that wav.
Hiram Castor, one OF the officers of the Court, WAS
al officer OF this CourtS A. Yes, sir Q. Did you
osrs oo Of the s %
ter and myself had charge ol them. Judge Allison
Will you state whether one or more OF the jurors
easeg A. No, err, none but MIR. Campbell.
Judge AilisOn-State what his condition was, as it
fell under your observation, what you saw him do
and say.
Mr Castor--About quarter to 12 last night |
went into mis- room; he had jumped out OF bed and
are trying TO eat me-, must get out OF mere
He came anne out put INTO the entry and 1 could n;s no,
not 60 20 back and i "could not get MIN
therei" then he walked up and down, and shouted
The next room adjoining with the other jurors. and
wanted to get out OF the window; Mr.. Lester and
ran IN and caught him before he got QUIT we brought
the Jurors got out into the entry.
Judge, Allison -Confine yourself to what he
The witness resumed--He got a head.board from
one OF the bedsteaos; Mr.. Lester and myself pre-
vented him from going out after them; he was going
to strike them with this headboard; told HIM II he
ddn Z behave himself / would tie him.
q. Did you tie himr
A. Yes, sir. ! got two towels, and tied them to.
men and NJ Lister. t6rey " S,w down ana
tied his hands and feet. / brought the bed
out of his room and laid him down upon It, Q. Did
he remain In tins violent condition OF mind until
you left hum this morningS A, He dds ne was in
that condition from quarter to IL O'Clock, previous
to that he slept about an hour and quarter. Q.
Was he in that condition when you left the jury:
room to come here and make q report this mornngf
A Yes, sir. Q. Would It, in your Judgment, be safe
anu proper 70 bring him into Court. A. No. SIR.
district Attorney Manu- would suggest to your
II onor whether the proper course would not be to
MAKE order that this jury oe DISCHARGED before
tbey separate You know TO bring eleven men INTO
Court necessarily separates the jury; and, this
mar lCampbellI cannot be brought IN, therefore
suggest that the Court make the odei and discharge
the Jury.
Judge AlsOn--It il only an absolute necessity that
would Justify the Court IN making order 10 DIS
CHARGE q jury, Ii must Oe peril OF lite that would
warrant their discharge nom the Court In this
case he Juror IS not able 10 be brought in, which
saii=fes us that to keep tins Jury together longer
would be at the peril OF the life OF this juror and
further tits safe bOf proper, according to testimony
t0st this juror should nos DC brought here: he Is not
IN q condItop 10 be brought into Court We do not
lee ourselves ready 70 make an order unless we nave
the presence Of the Court, at the time te order Is
made.
Judge Ludlow-Nothing but an imperative and
absolute necessity would justify us IN discharging
fins Jury. Unless that imperative and absolute
necessity exists toe discharge the jury will
TO disc cbarge the prisoner now on trlal Under
these Circumstance ces and also thinking that everV
order made should be made In open Court after Q
mll aud thorough examination OF the Witnesses
we ieel justified IN disehargme the jury from iur
ther duty.
The following order was then made out Dy the
Court
iury 10 bring into Court all the jurors this case
except the juryman, Adam Campbell |