The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1879-01-11
The Winship.Swett Case.
A MOTION TO SET ASIDE THE YER
DICT.
The Defendants Claim Misc onduct of the
Jury.

DlCT.
The Defendants Claim Misconduct of the
Jury.
In the q. S. District Court yesterday morn
made by Messrs. Bradbury. & Clifford & Cliff
ford, tie counsel for John o. Winship and
Geor ge W. SWEET in the conspiracy case, OF the
ground of misconduct of the jury.
Upon the coming in of Court at 10 a. m.
Hon. Bion Bradbury offered the following in
| support of his motion.
And now comes John O. Wnship, one of
said defendants, and moves that the verdict be-
| set aside and a new trial granted on account of
TIE misconduct OF the jury during the progress
1 grounds of his motion.
LIST: That, during the trial of said cause. at
morning intermission. Samuel f. Piper, one
OF the Jurors, in the presence of Isaac d.
held conversation with Thomas Bracket. a
| witness in said Case, after he had testified in
court, who was also one of the creditors of
Thomas A. Holland, the said Juror well know
ing at the time said Brackett had testified in
court, and in said conversation made ipouiries
as to the character of George W. SWEET, ooe of
| the defendants, and as to the character of
Thomas A. Holland, one of the witnesses, and
that then and there the said Thomas Bracket,
70 reply to the questions asked him by said
ripper mace statements prejudicial to the char
acter OF George w. SWEET calculated and de.
signed to impair the confidence of the said
jurors Ia his honesty and the credit to be given
10 MS testimony as witness; and he will
prove these facts to the Court BIZ the testimony
OF Leroy Sanborn, Samuel Dinghy and
Eo0i1s L. Eastman
I'd. The second count states that at another
t.me during the progress of the trial the said
Samuel r. Piper conversed with Frederick r
Fay, expressing his opinion that Winship and
SWEET were guilty before the case was commit
| ted to the jury in violation of the express in
| junction of the presiding judge that the jurors
should have NO conversation with any person
touching said cause during the trial, nor con-
verse among themselves as to the same, nor
form or express any opinion until they had
heard all the evidence, the arguments aud
judges charge and will prove these facts to the
court BY said Frederick r. Fay.
30. That, on the same day, during the prc.
gress of the trial, said juror, Samuel F. Piper,
held another conversation with E. H. Arm
strong in the hearing of said Fay, in which he
stated there was no chance for the acquitta of
either of the defendants, but that both would
be convicted and this was In violation of the in.
junction given the prisoner and showing he
had prejudged the cause, AID this will be
proved BY said Fay.
4tb. That the first information of these facts
Winship had, came to him and his counsel
after the rendering of the verdict.
amendment: And on this 10th day of Janu-
airy JONI 0 Wiuship moves to amend this mo-
tion by adding thereto that Samuel f. Piper
during the progress of the trial had conveIsa-
tion with Edwin L. Dyer touching said Cause,
and before it was committed to the jury, in
which he said there was a great deal of rascal-
ty there, and he thought Wipship knew SOME
thing about it, that Mr.. Winship would get no
mercy at his hands; and he was guilty of gross
misconduct, ana WinshiD will prove this by
Edwin l.. Dyer. And this iuform alton came to
W'nshlo after the fling of the original motion
in the case.
Tue ID strict Attorney objected this motion
could not be considered by the Court because
there was motion of arrest of Judgment in
the same case. and the fling of that motion
was waiver Of this, which objection the Court
overruled and proceeded to hear the evidence
ON the question.
the first witness called by the defence was
Edwin L. Dyer Mr.. Dser testified that he
was lawyer in Portland Ae went out to
North Yarmouth on the 3 80 o. N train the
Saturday before the verdict in the conspiracy
case was rendered. On that train he met Sam.
uel F Piper, one of the jurymeD, and sat IN
the same seat with him. Remarks were made
by them about the interest the case was ex-
citing, aud Piper said it showed great deal of
rascaity and that Wlnship evidently knew
about it and would get no mercy from his
hands. Told Wirsbp of this last Wednes.
day.
On cross-examination witness stated he read
law with Drummond 8 Winship nearly four
years, that is, Winship was a partner for the
last year Of that time Benz amn True and a
man from New Gloucester were present at the
time l saw Piper was juryman as soon as
entered into conversation with him. 1 per-
mtted HIM to get through with these remarks,
although am a member of the bar, befors l
told him to be CAREFUL what he said. Judge
Fox asked witness why he did not inform Wiz
ship or bis counsel of these alleged facts be-
fore Wednesday last. Witness said he did not
know why, but thought he wouldn't. Had
b9en in Portland nearly every day since the
trial and saw Winship occasionally. BE heard
soon after the verdict that Winship had filed ,
a motion to set it aside, but did not know it
till Wednesday. when he Informed Winship.
Leroy s. SaDborn, clerk 10 the Portland post
Office, testified be was in the water-coset of the
court building on Wednesday, Dec. 18th, when |
the trial was about half through. The door
was partly open so that he coald see into the |
room which contains the closets Heard a
Voice say Zone is as guilty as the other" Look
ed out the door and saw three men come in. |
One was Thomas Bracket, the other two the
witness did not know; one had on a hat, the
other didn't. Heard the man without hat
didn't II" and Brackett replied, ayes, was" !
Then the man asked, did you lose anything
By Mr.. SWEET or Mr.. Holland?" aud Brackett
replied, Eyes, did," and named the amount
which witness did not exactly catch. The man
with the hat on then said to Bracket, "What
kind Of a fellow is Swett?" land Bracket re-
piled, "He is tricky begger, but people have
lad good deal of sympathy for hum since he
came out of the army" The same man then
fellow, amt he?" and Brackett's reply witness
could not catch. Mr.. Brackett then went up
stairs. During the time the men we're there
Mr.. Tobias Eastman and Mr.. Samuel Dingley
came IL. The other men who had been with
d. fS,~ H. IL
without hat, the witness afterwards saw, was
q jurymap. DON'T know whether the man
with the hat was jdryman. Communicated
thrse facts to WnshIp after the trial was end
ed. on Exchange street. walking up; Bad pre-
Chenery.
On cross-examination witness stated he had
known Winship as long as he could remember,
Went to school to him, and had been on very
friendly terms. Knew Mr.. Brackett Described
the positions of the water closets, and stated the
one he was IN was diagonally situated from the
door of the room in which the water-closets
and urinals are situated. His door was par.
TALLY open aud he was ten or fifteen feet from |
the men talking. He came out of the water
closet while Dingley was there.
On direct examination witness testified he
understood both the man with, and the one
without the hat, were jurymeu, and they had
some conversation together that Bracket had
no part in and witness did not hear.
Frederick X. Fay was called, whose business
is collecting in Portland. His testimony was
squeched because he didn't know the man,
To whom he had conversation, was jury
man, only from ths mans own statement, and
further he didn't think he could recognize him
if he saw am, IS it was night when the CONVEX
sation toos place, on Portland street. Ga be-
ing asked If he could identity Piper as the man,
and Mr.. Piper being ASKED to stand up, witness
said be couldn't identity him
John o Winship testified to meeting San
born on Exchange street, Who told him what
he knew about the facts testified 10 on this
Saturday evening about 6 p After the YER
dict was rendered went TO his Office in Fluent
Block to see if there was any mail, and then
went home, after going to MIR. Bradbury's his
counsel.
On cross examination, didn't remember car
rying anything that night, might have carried
some books. Didn't remember meeting any
one and having any conversation with them.
but might have done SO. Might have said, II
had Something on which TO ask for new
trial " Should nave been very apt to.
Messrs Bradbury and Clifford testified, that
their knowledge of these new matters about the
misconduct of the jury, came to their ears from
WInship, the Saturday evening after the YER
dict, and the latter, that his knowledge was
1afa