Daily globe., 1879-05-29

~ 80 -
NAY 20, 1879.
PECULIAR CASE.
A Juryman Discharged While Suit is In
Progress Because He Talked With
Charley Haines.
For two days the district court, Judge
Wilkin on the bench, has been engaged in
the jury trial of the case entitled II. B.
Claflin & Co. vs. The Lorillard Insurance
company. This case is one of series Of
seven, arising out of what is known as "the
Murphy fire. In 1877 VIM. Murphy was
doing business in q building belonging to
Sohurmeier on Third street; on the 26th Of
February of that year, the building
the the % stock Of goods ' Murphy aV
had in store. At this time Murphy was in
debted to H. B. Claf11in & Co., Of New York,
and to insure them of their debt, Murphy
assigned seven insurance policies of 5000
each to II. B. Claflin & Co. subsequently
an adjustment was made, the stock only be-
ing valued atrsomething like $11, 900, and
the additional claim was set up by the in
surance company of fraud on Murphy's part
in the removal of goods previous to the fire,
etc. The seven suits, as stated, arose in
consequence of the above. So far three
have been tried, this one on trial
making the fourth of the
series. OF three cases tried, two have gone
in favor of the plaintiff and one for the de-
fendant.
The above is almost the summary of the
difficulty upon which Messrs. j. b. and W.
n. Sanborn are engaged for the plaintiff,
and Messrs. D. G. O'Brien and George b..
Young for the defendants.
AS stated, the case came to hearing in
regular order, Tuesday morning, and yester-
day morning quite an interesting feature was
developed, one unusual in courts, land which
even the oldest lawyers at the bar never saw
before in practice.
At 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 issue, 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.
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
a 01,i &n %ho ,f &lo
man-as yet not referred to by name. He
said so far as 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 .opin-
ion" 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 q
conversation in front of the Opera House.
During the talk the juryman-no famed-
mentioned the fact of his being on jury in
an insurance case, and casually remarked
that 'slnsurance companies were always very
anxious to write policy, but he took notice
they always made q big fight when the time
came to make payment" While this con-
versation was going on Mr.. O'Brien passed
by and overheard part of the jurynan's
not yet named remarks.
After Mr.. Haines, Mr.. G. 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 mot yet
named somewhat in reference to the case,
but in no sense in any manner which would
4 impair or bring into question the retention
of the juryman-not yet named LIN the
case.
Mr.. O'Brien made a 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, bat such
! opinions as he entertained and avowed rem
dered it unsafe to retain him in the case as
one to judge of the merits.
+. .Atthi 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. 81. Noble
sworn to answer as to his qualifications as
a juror.
4 Thus the juryman was named and
questioned about the reported conversation
Mr.. Noble in substance denied all intention
of having expressed an opinion as to the
particular case. He acknowledged tc
having said something in 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
when the jury was impanelled.
Mr.. O'Brien urged his former objections.
Gen. Sanborn expressed no strenuous op
position, and, after due consultation, ths
court excused Mr.. Noble.
4 Mr.. Samuel Potter was called to take tn.
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.
The like of such substitution of Juror
at SO late a stage in case on trial is declare.
, never to have happened before Thus an
other precedent is established.
! THE OLD WORLD.
General and Political News from Acror
E the Ocean.
France.
NEWSPAPER PROSECUTION.
PARIS, May 28.-Thc majority of the commi
!. tee to whom was referred the demand of Il
government for authority to prosecute Paul l
e Cassagnac for articles in lie Pans attackin
i. the government, favor the prosecution.