Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1872-03-23
Court Proceedings.
[Reported By A. n. BRIcE, Esq.l

SUSDURY, March 18th 1872.
In the case of the Commonwealth VS..
Perry Haas, for the murder Of Martin Ober-
dorf, the Court, on Saturday morning, over
ruled the motion for new trial, and filed
the following carefully prepared opinion:
On the 12th OF January, 1872, verdict
was rendered against the prisoner at the bar
of murder in the first degree, and on the
next day his counsel moved for new trial
and in arrest of judgement, for the follow
ing reasons, to wit:
First. That on the evening of the
eighth Of January, 1872, whilst the above
trial was in progress and the court had ad-
journed, one of the jurors, J. Wilson Hess,
separated himself from his fellow jurors and
went into a store room in the borough of
Sunbury and purchased q bat"
"'Second. That while in said store he
had conversation with Charles ii. Faust
and his brother Samuel Faust, who were in
the hat store Of Samuel Faust, ST., relative
to business, and that the remaining iu-
rorS were not in sight nor near the store OF
said Samuel Faust. ST., but who were at
the hotel of Edward Drumhcller, in the
borough of Sunbury
To support these exceptions the tcstimo-
ny of several witnesses was taken. SAM
ucl Faust stated that on Monday night of
the second week of January court, j. W.
Hess, one of the jurors. came into his IA
theirs store for hat that his father had
trimmed for him. That he (the witness
got tho hat out and showed it to him and
asked him if that was the hat, and he said
yes. The balance of the jury was not with
Hess VIXEN he was in the store, and were
not in front Of the door. Hess talked to
persons then in the store. Charles Faust
and Hess were talking first. Charles ask
ed him whether he was n jurymen, and
Hess answered that he was. Charles said
you are not on this murder trial and
Hess said yes. Witness then said to Hess
you are not a juryman on this murder tr-
al and Hess said yes. Witness then
said TO Philip Frank (who was one of the
constables in charge OF the jury how dare
you bring that man away from the rest OF
the juryY Hess then said that was sub
ject not to be talked about. Hess took his
hat away with him. Philip Frank (the
constable) was with Hess and stood right
by the side Of him nearly all the time he
was in the store, aud was not any distance
from him. Mr.. Frank was near enough TO
him to have seen him and heard all the
conversation all the time. Frank came in
with Hess and left with him. Hess was
not in the store over five minutes, aud he
did not talk about the case then on trial
any more than what witness had already
said. Philip Frank stood nearest the door
whilst they were in the store"
Charles Faust was sworn and stated
THAT he was present at his fathers store
when j. w. Hess came there, but could
not say what day it was, but it was during
the trial OF Perry Haas case. When Hess
came into the store with Frank, he 1.-THE
witness) was somewhat surprised and said
to Hess, how is this are you on this muir
der trial and Hess said yes, and he inquir-
ed whether his hat was done. Before he got
the hat his (the witness') brother Samuel re-
marked to Philip Frank, how is this; when
/ was on the Gallagher case We were not
allowed such privileges 7 Hess said, oh,
that is all right, and then Hess took the hat
away. Witness did not know where the
balance of the jurors were. They were not
in sight. There was no other conversation
with Hess about the Haas trial than what
was already stated by the witness. Hess
did not say, when he 1.-THE witness) spoke