The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-02-12
A yuror,. vusII.cre,tou.
TBaltImore Sun, llih,

A oommotion was excited Yesterday In
the case OF William Burke rs. The BATH
tlmore City Passenger Railroad Company,
then on trial In the CITY Court. The suit
was for damages for ojectipg Burke from q
sireet.car, the conductor refusing TO sccept
a silver ten.cent piece with hole punched
In II In payment OF Burke's fare. AT the
meeting of the court, Mr.. William H..
Cowan, counsel for Burke, made mo-
ton 10 discharge the jury trying the
case, aud filed written paper giving
the reasons for the motion. az fol-
lows: counsel for the plaintiff moves
! the court TO discharge the panel from
/ the fmtLer consideration Of this ease be-
cause Of the unfairness Of member OF the
panel who has expressed himself in terms
OF unqualified hostility TO the plaintiff and
{, his recovery OF verdict In this action.
the said juror having said in the presence
~ Mr.. Whittlr, the foreman, that he would
not find verdict for the plaintiff under any
circumstances. and that he had better 60 TO
work and earn an honcSt living than get up
cases against the defendant That these
declarations were made before the testimony
Of the painliif had been heard" This
statement was sworn 10 by Mr.. Cowan.
| Mr.. Machcn, the cOmpany's counsel, said
| The reasons set forth were not Suibclcnl
ground for interfering with the jury. Jddge
Gary said HE juryman 10 whom the Ian
guage quoted had Deen spoken by Fellow
! Juror would be the best witness. There
upon the deposition of Mr.. Whlle was
made before the clerk, William +. Nc
| kewcn, a follows: &" 4 member OF the jury
said I'm his presence that he would not find
verdict for the plaintiff, and that the plain
/ tiff had better 90 to work and earn an bon
anllar II snph AGAINST The
defendant; that these declarations were
made since the jury were impanelled and
before the plaintiffs testimony had all been
beard"
Mr.. Whittle then testified before the court
| to the same effect as in his affidavit. lie FUR
| Their sid TO the court that the conversation
with The Juror referred to was had at the
| time Of the dismissal OF the jury on the hrst
! iav OF The trial, and az er the jury had heard
| the whole Of the testimony Of the plant III
! (Bmkc) in chief; and that the juror eferred
! To the evidence OF Burke IN the same con-
VersatiOn. saying, he ought to nave pald
his fare out Of the other money be had III
| his hand at The time
( ThereupOn the Court Overruled the molion
| 10 auaSh the panel, stating that the CONVEX
saliOn referred 10 was privileged, aud that
/ The Juror could not be cen>ured for The
same but n the same time the JUDGE sald
that iuryman should be censured severely
Tor disclosing conversation with brothtf-
Juror on the same panel TO person not on
the panel during the progress OF The tTlal.
Jurymen NAV speak " IT'D each other and give
their impressions of a case. the testimony OF
a witness, or other parts OF the trial while
! it i IN progress and under The con>iderl-
ton of the jury, bat they may not ieier
Ito the case or converse about 1t with any
other person. y iuryman's opinion may
change during the trial. or the Instructions
Of the court may compel him 10 bring IN Il
verde, contrary 10 bis own opinions. Judge
Carey refused 10 discharge the jury, aS
moved for by counsel for Burke, and there
upon Mr.. COwan took judgment OF non
pros and soon after brought the suit again
/ I'm the Court Of Common Pleas.
The episode attracted considerable inter-
est and crowded the courtroom Mr.
/ Burke i employed at one fine elevators.
Mr.. white is 4 druggist. He was asked
| by Mr.. Macnen if he had not formed an
opinion adverse 10 the railroad company,
| but tue court excluded the testimony. MI.
White had spoken OF the matter to law
yer, and through him il reached Mr.. CoWan.