The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-02-18
JUROR DEUBEN'S INSANITY.
THE TRTfL or MRS. JENNIE SMITH DE
CLIRED 4 MISTRI1L.
Even with the Prisonrr's Consent no Trinl
with Less than Twelve Jurors c"n he Legal


Even with the Prisonrr's Consent no TrinI
with Less than Twelve Jurors cHn he Legal
The ease t. 20 over tn the March Term.
Hermann Deuben the tenth juror of the
panel TINT has been serving in the Smith muir
dertrial in Jersey City. was pronounced Insane
by three physicians yesterday. and Judge
/ Knapp declared n mstrlal. and directed that.
| with an entire panel, the whole case should be
/ tried again.
At the hour for the opening Of the court the
| Judges were not on the bench. the prisoners
wero absent from their plnces. and the jurors
| chairs wero empty. 1t was nenrly noon when
| judge Knapp arrived. and the crer brought
| the crowded room 10 order. The prisoners and
/ all the jurymen except Deuben were led in.
! His Honor announced very briefly thnt shortly
after the adjournment Of the court on Friday
/ Dcuben manifested signs OF fermentation, and
| that after an examination just then concluded.
| physicians had declared the juryman unit to
| sit further in the case. Tho juror, his Honor
/ said. must be discharged but before action was
tlken the Court advised the prosecution to
question the physicians and have the result put
1 on record.
Dr. Bird was called. H. said that he saw
| Deuhcn at 9 O'Clock on Saturday evening in the
rooms that had been allotted TO the jury in
| Oshorn's Hotel. Tie inquired Of the uing man
Wu,n11r " = ", H., NV rr ,r.r ,vi
/ acquainted. The Doctor went on 70 ask NUM-
! her of questions. pnuh"n, in replying. WINS not
I rrrtain Whether his fnthor AMI mother w~r,
| living or d"nd; he could not recall what husi-
! ness hp was engaged I'm: WIS uunbe 10 say how
/ fnnuv children ne hnd or whether be- WINS mar
ried or not. He kept saving constantly. Il
! diin'' 80 IL. but thoy can hang ne i they want
Co." subsequently Deuurn snld he Thought thu
he had two children. and hut one had been
born sine" he was last In his home. Asked how
| many two and one wer.. he answered. -Four"
! Ills pulse beat 40 the rate Of l2l minute. Tho
moi ff 10 sit "a. n Juror. He did not know who
III, persons w,.r, ihnt were on trial and b.
I Ieysd Tint il WIS himself who was accused Of
thu nurl"r Of OdlcDr Smith.
DR.. Nohir mud Oehorne hnving been cal'oi
sub-tnntinied the foregoing I'm answer IN Nr.
Winfield te fnr,rer sTii lint Deuhan Ind no
disturbed nerve. Ii was not r0ssiilr 10 say
L.w son be- n,.ci,t r,,oyrr. IL mother EIi
tpll the witness that signs NJ fermentation we're
Jadss Knapn. thr .e-tim"ny of Inc nhysi,ans
h0vin., nNnn dntsnod cnll.i unnf counsel fnr
s,,e.n-tions' M Wii,nrii renNei for H. de-.
fon TIM h, hui no suggest 10 innkr in re-
ton o. mike I'm regard 10 ne resi- N die panel.
II would he very embarrassing 10 him ana his
ass,.int.s IA. lawyer "ontifueJ rifnr heinz
| n..i,.unl "a t,n dnf'.noe OF the woman rrfruf.
ant 6y his II .nor To- h, suii .rtnl 10 Tho delay
that was thrrntcned judge knapp r-u.rl
thnt he WIS ssusiil. 81 Tho eiuirrr.ileu'ent In
Tia cnse INT tl'nt hc would discharge lie Juror
"Wr Wireaii'l im,n't.di,t.iv su,.rastod thnt nm
other Juror drawn rom tho Whole panel mat
ur'l ,r',t v H. H,'' ~ ,,
novelty Of surh "A course. tut fl soof,"d IRA n.
cae.. and d. c,niins.nIE ise,i was no,e ,,,
ti.'t th,r. ,y,- mo- rr..o,l,.u. ar sa., n aoir.,
which. inasnu"h A. ,he iufor woult f,Ii % ho
would deprive uIe person on trial of one ~ The
mast imtornni -a}.ru4ri. p hcr d,'ence
rui,n-r If lur'r. h.. nciut b. the gourr1i
panel who had been in tte court room through