Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-05-29


Young for the defendants. ~ s..
As stated; the case came to hearing in
regular ordsr, Tuesday morning, and yester-s
day morning quite an interesting feature was
developed, one unusual in courts. land which
oven the Oldest lawyers at the bar never saw
before in practice. &. b:5 es 3;
AZ the opening of the court. Mr.. G.. d.
O'Brien informed the court that he had re-
liable information that one of the Jury had
80 fixed and an avowed an opinion in the
case at issne, or more definitely all cases
involving the interests Of insurance COM
panies, that, in Justice to his client, he felt
reluctant to proceed with the present trial
while the gentlemen referred to remained on
the jury. afasf
There was no little amazement eyinced
when this explosion, so to speak, occurred
in the very face of the jury.
Apparently Gen. Sanborn, of counsel for
plaintiffs, knew something of the matter, as
he expressed no surprise, but was ready with
an objection to the exclusion of the Jury
man-as yet not referred to by name. He
said 80 far Is he knew, and this was partially
derived from the juryman in question. that
his opinion was not of such character as
to bar him from setting in the case and de-
Gliding in accordance with evidence.
To the end to prove just what this ssopin-
sion'' was, Mr.. O'Brien introduced Mr.. G. j.
,Haines as witness. It then came out that
Tuesday night Mr.. Haines and the juryman
not yet mentioned by name engaged in a
conversation in front of the Opera House,
During the talk the juryman- not named
mentioned the fact Of his being on q jury in
an insurance case, and casually remarked
that insurance companies were always very
anxious to write policy, but he took notice
they always made big fight when the time
yersation war congo Mr.. Q,Rrien passed
by and overheard part Of the juryman's
not yet med-remarks.
After Mr.. Haines, Mr.. @. D. O'Brien re-
lated his account of the affair. He was fol-
lowed by Gen. SanbOrn, who confessed to.
having talked with the juryman-not yet
named-somewhat in reference to the case,
but in no sense in any manner which would
impair or bring into question the retention
of the juryman-not yet named lin the
case. asz asA
Mr.. O'Brien made few remarks upon
the matter. He questioned the advisability Of
peremptorily challenging the juror at this
stage of the proceedings yet he felt the ends of
justice would be defeated were he retained on
the jury. Mr.. O'Brien disavowed any in
tention of conveying the impression that the
jurors honor was impugned, he was high
minded, honorable gentleman, but such
opinions as he entertained and avowed rem
dered it unsafe to retain him in the case as
one to judge of the merits.
| Atthis juncture some hesitancy arose about
bringing out the juror to face the music.
Mr.. O. Brien didn't like to, and Gen. San
born didn't want to. The court solved
the difficulty BY having Mr.. w. II. Noble
sworn to answer as 10 his qualifications as
juror.
Thus the juryman was named and
questioned about the reported conversation.
Mr.. Noble in substance denied all intention
1 of having expressed an opinion as to the
particular case. He acknowledged to
having said something in q reference
to insurance cases in general, and had stated
he thought it queer that he had been the
only juror who had not been questioned
i when the Jury was impanelled.
Mr.. O Brien urged his former objections.
] Gen. Sanborn expressed no strenuous op.
position, and, after duo consultations; the
court excused Mr.. Noble.
Mr.. Samuel Potter was called to take the
vacant chair among the twelve. BY stipula
ton, the counsel agreed to accept him on {
statement Of the case or the evidence sub
mitted by the court. & u.s.
The like Of such substitution of Jurors
at SO late q stage in a case on trial is declared
never to have happened before. Thus an.
4 other precedent is established.