New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-02-18
A MURDER TRIAL INTERRUPTED.


AN INSANE JUROR IN THE SMITH CASE.
HERMAN QUEENS REASON ovERTHRowN BY TIE
Eight OF HE DEAD OFFICERS BLOODY
CLOTHEs-A NEW TRIAL ORDERED FOR MARCH b.
The Smith under trial in jersey City suffered a
singular interruption Yesterday. About half past
II o'cock-an hour and half after the usual time
for opening the court-the four judges took their
seats on the bench Judge Knapp then said In
formation has been brought to the Court that Her
man Dubcn, tho tenth juror Is very III,
suffering from physical pTos, r; ana ma
0nested some physicians To visit the Juror ana
examine his case thoroughly. Their report satlsnes
rs that lac Is entirely unfit 10 sat az Juror at lS
trial. As he is suffering under men al deIalgehont T.
he will have To be discharged. II 80 Is desired, tue
physicians who examined the sick Juror may DO
called To the witness stand 20 tndt couhsel may
hear thor evidence"
Dr. Bird was first examined. He said: g. saw
Dnben first on Saturday evening between 8 and
10 O'Clock. was called by Mr. Billings, q clerk IN
the Shrnf's Office. Duben was sitting on lounge
apparently taking no interest in anything. asked
him If he knew me. and he said No. l
then asked hun number OF queNtoHs ~
rplatiou To himself | asked HIM If his
father and mother were living, and he saiG he WASH
sure. He SAID he felt pretty certain that ne was a
married man. | asked him what his bISlhrSs was,
aud be said he though( no kept saloon. ne also
thought he Lad one cnlld. saw he was suffering
from d nervous disorder, 50 gave INN - pleScrlp-
lion, and nad HIM put 10 bed"
GOA Sunday morning" the witness continued,
"DuDeI went to church During the day he s. eIned
to he labofIug under tho dcu>On thai ho was being
tired Tor murder. lie frequently exclaimed, |
didn't do ID > and said ready, that We cOIld
Ia < ham If We hhcd. lie also sad ON That DAY
that Thought ills Wiie htd ono child since he ieit
nome. asked HIM how many that made alt'Rrther
and he sai,, We'll, aud ! MAKE }. don't II
1 aIu sure that ne - not fitted to serve on
this jury. He actually does not snow whether he
is ,ttng Oh juIy, or " neither he Is beng lred nm
seliIu !act stuUtiy Hdiuialns tha ihe Idticr IS
tde case. lie certainty does hoi KNOW thdt nc ~ '
TING JutA, Tor he could nuC tea the names OF
d.tcndtuI,.' Ga cros>-rAamluatiou the DOCTOR si1u
hr ,id HOi think f. day s. rest NOu.u restore DuDt
10 ni> lignt mind. heard from MS mOfher' no
sand " that tho juror has manifested signs "l ne
rang cement Oh = previous OCCASION. On January H.
tie summoned lH u panel o. Jurors. bu' was rX-
CusCi. tie rushed nome 10 MS mother ana gave ut'
"a , 10 bIll saying tIat he Ddd taken idioe odth
ana would probably be sent t. Shahe lilll pcniioh-
tGiry Tor SIX mOutl!..'
witness. tie SAID thjt bdh.u was undoubtedly
temporarily insane. Wnea the physicians were
taking oil ms garment, to examine MS pn} 5icdi
c3adulon, DEbrn cu,d oHt dmh 40 H. /
haven't do.e any EtHg Wong Dr. BMGetle ttSti-
tea to ;ne same thIuE, ANA SAID mat Du'th ""'
undoubtedly l1bouuS uudcrH urlnsion that il" h''i
done Something WIOag nimstil, and was beng tttcd
IoI II.
Ex-senator Whit d. one Of Mrs. Smiths lawyers,
SAID that the counsel IN the case were placed iu Il
very embarrassing position. They were acting
under au assignment ol the Court, and week RAD
already been occupied IN prc-cntlu. tlr G. So. He
thought 10 Was exceedingly Tying b. compelled
to go ail over tu5 case again. II Suggested ''dl
the eleven jurors be retained anew juror aumhoucd
ana the tcsuiuouy I'dH 10 MN.
Atiorncy-Ooucral Stockton sad there moth
Hg clearer tnau tnat the tra, c"Iid 10, .r'cy Il
without twelve jurors. The suggestion of calling
a juror IN Il way not provided b. rno statue and
wlthouj precedent he thought would be extremely
dangerous To defendants oH trh .or murder,
and would deprive lt,m Oi on. j. ar Attest safeguard
and dearest privilege, that oi urAIGi-g t"t jay
aud WI .uc,,ca lace To face. l. WUrit urprNr mo
jury OF of the main tests oil veg mag tAe W.T.
Ltca's testimony.
Nil Winfield replied that it was without orcce-
dent borau.r 10 was entirely novel case. g ho-
ever heard, sad ur " of q juror becoming INSANE
duriug the .lrc-, ri q murder llli y" al" per-
tc,fiy WiuuL dat the testimony sHoItd DE- read
over 20 new juror 1t mas been do"o Ia ci'i
cases.
Judge Knapp said that 20 select now Juror
,,uia nc "a Vcr de-i raDic course tp pursue, nut he
thou AT IL wound he neither legal nor PnctcInir.
10 experiment would only he Il va. e of ilW". lite
asked what the cuuu-r. tluUgit of drawn" another
il'l from the General panel and begin al once to-
tfy the case over aualu. Mir. W lnhriu replied: -
go, f,n oti,cfiou Wnit,yrr In fact 81" Will admit
anVtuug except qua Ia OF fcr 90 nu on VITA the
case. We Will lurrrd with eleven JuUufs.' Ju'i.c
huapp said tnat th, case must 90 "N"r hhiu March
3. Tie tncu called Ia thr eleven sane jurors and
discharged them.
one oil In" jurors IN conversation s1i thai they
han ali uOiI,ct something Strange about bubrh
dit.r the ptuoa, garment, Wei" shown lI ga. c1ur;.
lie sad The tuIct ctttrd blood presented -ucu -
horrible spcrtdcir IGai Duueu'a reason Nut Coiu-
, picttiy upset. On FRIDAY n.gut Dup-n constantly
talkru OF blood, and only r,iyTrr 20 the tu.U 300 an
mcOuerrnt way. After tina, Doe imagined jas was on
trial himself
Prosecutor McGil said Lc regretted The della,
very mucr, "a It gave jhe dcieH an unau, aoyan-
tagc. "ihry nave - hnow.cdgc of nearly the
Wuuie oi oar c.t.c,' ne said " now, would not
nave objected 80 muoi,h tuis had happened alter
the rcbuttal mad been begun. We would tucu have
known BcunClts aubI and would Hdy5 had two
nice weeks 10 work Oh lt.'
Mn jennie K. smith said tbat Size rrar, ted very
dre,iy another o,tpOuemeHt. Inr "Clu,s, $40
thought, u..d been frequent enough, sac WAS also
aiiX uu, 10 >Ouictuug 81 tine CHANCES ltur cor
re,poudcucc winch wa, Promised To be- produced
uorlnt Ui a..