Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1872-03-23


ness recollects.,,
Philip Frank. the constable, was sworn
and stated that he was constable OF Upper
Augusta township, and was one of the con-
stables that had charge Of the jury that sat
upon the trial of the prisoner at January
Session Of 1879. That he was appointed
by the Court of that duty. That he was in
the habit of taking the jurors out to attend
to their calls of nature. He would some
times take but one and sometimes two or
three at a time. That he went with Hess,
one of the jurors, up to the halter shop af-
ter supper on Monday evening, and had
him in sight or hearing all the time, and
that he did not converse with any one in
reference to the Perry Haas trial, that he
knew of, and that if he did, he did not hear
it. That he was close by all the time.
That that was the only time he had him
out. In bringing the jury up and down
the street the people would try to pass them,
and that he could not keep them clear from
that, there were too many people on the
street. There was no one got among the
jury or walked with them to his knowledge.
That he was generally in front of the jury
going to the Court House, and behind 60
ing from it. He did not allow any one to
join with the jury or talk with them on the
street, if he knew it. That Samuel Hines
was one of the jurymen. Sent him down
to his house during the progress Of the trial,
and when he came there he found Mrs.
Hines at home and she gave him shirt
and collar to take to him. She put them up
in paper in his presence. He looked at her
all the while she was tapping them up.
They were put up in newspaper. He could
not say whether it was the Gazette or not.
She said he should tell the juror that his
oh hot oil
that she said he could tell him. He
took the package. Could not tell whether
it was Tapped up with strings or pinned up.
He found the jury in the Court House in
the jury box when he came up with the
bundle. He laid it back on the window
behind the jury, and when Court Adjourn
ed he took it off the window sill and hand
ed it to the juror (Himes) without the per-
mission Of the Court. He took the jury
that evening to Z. L. Drumheller's. When
Mrs. Hines came into the room, at her
house, he was confident she held the shirt
up, then folded it and put it in the paper.
He also saw the collar. There was nothing
else as he saw. The jury were kept IN one
large room with folding doors, at Drumhel-
ler's. They generally had the front room
looking out on the street. There was a
table in the back room when the folding
doors were closed.''
The balance of Mr.. Franks testimony
does not refer to any matters touching the
subject Of the exceptions or reasons filed
for new trial.
Jacob Coble was sworn and stated that
he was one of the constables in the trial Of
the case against Perry Haas. The jury
was kept together by himself and the other
constable all the time, except when Frank
took Hess out for the new hat. There
were no strangers joined the jury or talked
to them at any time while passing to and
from the Court House. No one talked
about the case to the jury or in their hear
ing when they were at the table. He was
with them all the time. There were none
of the jurors intoxicated nor were they un-
der the influence of liquor. He saw no
disorderly conduct Of the jurors. They
behaved as well as any jurors he ever saw.
There was no other noise made by the jury
than that they were singing and praying.
He slept in room No. IA land thinks it is the
second room from the jury room. He
went twice to the post Office for letters, but
never got any. The only time that Frank
was away from the jury was when he went
to Hines and then the jury was in the
Court room. The jury all listened TO the
religious services"
one of the jurors in the Perry Haas Case
The jury were not separated at any time
except one of the constables was with them,
to his knowledge. There was no disorder
ly conduct in the room nor dancing nor
jumping. They read chapter and had
prayer every morning and sang hymns in
the evening, commencing on Sunday morn
ing. None of the Jurors were intoxicated
or under tie influence of liquor while they
were together. No one cunversed or COM
municated with any of the jurors on the sub
ject of the trial while together. The jury
were not influenced by anything autside Of
what took place in the Court House during
the trial. lie spoke positively of il as for
himself and judged it to be true of the others
from their actions. He knew of whisky
being introduced into the room for Mr..
Burkhimer, who was really sick, and after
wards it was suggested that water was
disagrecinS with the jurors, and they
had some whisky brought in and they
took drink. He took drink himself.
Burk hmer had bowel complaint. Think
he was very sick. There was ginger and
pepper in whisky. No one in the dining
room conversed with The jurors, or any of
them about the trial or IN their hearing. l
think they could not have done SO without
my hearing it.
Samuel Hines was sworn, and stated
that he was one of the jurors in the Perry
Haas trial. They stopped at Drumheller's
hotel. They were in charge of'constables.
One or both of the constables were in
charge OF the jury all the time. There was
no improper noise or disorderly conduct on
the part of the jurors, or any of them at
any time during tho progress of the trial.
None of the Jurors were under the influence
of intoxicating liquors to the best of his
knowledge. He was in constant association
with them. He would have known it if
any OF them lad been. The jury had re-
lgious exercises morning and evening dur
ing the whole progress of the trial. They
would read a chapter and sing hymns and
have prayer every morning. In the even
ing they generally read in the bible and re-
ligious books, and sang hymns on Sunday
evening after preaching Mr.. Evert, one
of the jurors, desired music and at his re-
quest the constable brought in the little
girls to play the piano.
a great deal Of testimony was taken on
both sides, and it is the unanimous opinion
OF all the judges of this Court that no i'm
proper influences were brought to bear up
on the jury, nor was there any disorderly
behavior or misconduct on their mart ov