Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-09-15

Mr.. Moore said he had two other affidavits OF Ju-
| rors, but the court said he would not ask for
| Othe rs.
Judge Wylie Awards a New Trial to
Rerdell and Miner.
Judge Wylie remarked that there was no af1ida-
Wit OF misconduct on the part OF the jury. He did
not think these afndavits offered sufficient grounds
! for granting the motion. Tampering with jury
was serious thing but as he understood the rule, 1t
must be shown that the attempts were made by
| parties to the trial. The rule did not extend to
third persons, for the reason that defendant ap-
prehensive OF verdict against him, might procure
| third party to represent that he came to the
juror in behalf OF plaintiff In the case.. By en-
ploylng an artifice OF that kind. he could
| secure himself against an adverse verdict II an
agent in behalf of the prosecution should attempt
to influence the mind of a juror that would be
good grounds Tor setting aside the verdict II the
| person making the attempt be some person with
out authority from the government, or having no
cGnhect0n i WIN .ne gopernment ana should talk
| and endeavor to influence the juror, he did not
think that would justify setting aside the verdict A
DEFENDANT conscious of guilt, If such were the rule
would always have 1t in his power to annul a ver-
dict If the brbe were actually paid, probably the
| rule would be dffere Mt, no matter whence it came
| because the acceptance of the money would be
| proof OF the corruption OF the juror Under the
circumstances of the case, however, and consider
Ing the rather 1ncoherent character OF the verdict
| he thought it would be safe for the court to as
sumo what was conceded by counsel, that this
maIter OF bribery was Improperly discussed in the
jury room, and in that view the court would award
| a new trial.
| Conflicting Statements.
MI. Carpenter said he thought that the counsel
were under misrepresentation as to when the
paper Of Dickson was read to the jury He under
stood that it was read long before the jury retired
Mr.. Merrlck said he was told by four or five Of
the jurymen that it read after the jury retired
he said Juror Tobriner was in court, and Judge
| Wylie said he would like to hear what Mr.. Tobri-
ner had to say.
One of the counsel said the case was settled, but
Judge Wylie said his word had not yet gone be-
yond control.
Juror Tobriner Examined as to Fore.
man DicksOn'S Disregard Of the
| Courts Instructions.
Mr.. Tobriner having appeared, was sworn, and
the court tnterrogated him as to whether after
the jury retired this subject of bribery was spoken
OF and discussed before the jury. Mr.. Tobriner
said that one or two hours after the jury went to
| their room, Mr.. Dickson took out the papers, and
| said that s25, coo had been offered him; that he
had put down after the interview what had been
said. Mr.. Dickson read the paper to the jury
| The jury did not want to hear it. Mr.. McNelly
| and others said that the papers ought not to be
! read. Then vote was taken, and it was decided
ina, that the papers should be read. Mr. Dickson had
SAID that the paper was true, " So help me God"
The Verdict Set Aside
"That verdict OF guilty then," said Judge Wylie
'as to Rerdell and Miner is set aside, not only on
account of misconduct of the jury, but from gen.
| eral unreasonableness."
ouuSC Wyllc SdlU tildC tLe court would not SET
aside verdict on the ground OF unreasonableness,
ordinarily as that was matter for the Jury alone
unless it shocks the court AS regards to these
Two, he could not say that that was fact for the
court had instructed the jury that any two OF the
defendants could be found guilty. Although these
| two men were at the ends Of the line 1t did not
appear to the court that they would be in a con-
! Spfracy without others. When the court saw that
| Jury discussed other matters than the evidence
IL was proper for 1t to set aside the verdict AS to
the acqu1ttal or Turner, OF course the verdict
! stood.
The Question Of Bail.
discussion then arose as to the amount Of
| bail required.
Judge Wylie. after reviewing the case, said he
| thought under the circumstances that he should
| require $4,000 from each of these defendants
M Henkle proposed Mr.. A. II. Brown and Mr..
"I object to Mr.. Vaile," said Mr.. Merrick.
You 2i had better get all the security you can,'
Mr.: Brown not appearing, Mr.. l. P Williamson
was substituted in his place
MT Vale said, in reply TO the court, that he could
qualify in the sum OF slO0OO of which GOO was
| in real estate.
Mr. Merrick wanted to ask Mr.. vaile how much
he was worth, but was not allowed to.
Messrs. Vale and Williamson then qualified as
bondSmen for Rerdell.
A. c. Richards appeared and bonded for Rer-
The New Trial.
| When this matter had been attended to Mr.. Mer-
rick said that the next thing in order was to as
sign day for the trial of this He asked the
court to fix the first Monday of December.
Mr.. Henkle said he did not think the prosecution
should press the court to fix a day now. They
were all prostrated now and needed time to rest
After some discussion Judge Wylie said to the
defendants: 1.-THE longer notice you have the bet
ter The trial of this case is fixed for the first
| The court was then, after attending to some
matters not connected with this case, adjourned
Rerdell and Miner left the court with the other
defendants.
The Result Of the Proceedings.
The result of the proceedings in the Criminal
Court to-day, lawyers say, puts the government in
much better shape to go to trial again than If Rer-
dell and Miner had gone to the penitentiary. The
testimony relating to RerdelPs confession, and
other matters relating to Miner, it is claimed,
could not be introduced II they were not defend
ants In the new trial, and the omission OF that
taesaimony aa .;g might weaken the governments case.
| II Rerdell and Miners case had been pending be-
fore the Court in General Term while the other
case was being tried. Then, there is chance
now OF getting Miner or Rerdell as states wit
ness without prejudice.
Mr.. BREWSTER CAMERON
special agent of the Department Of Justice whose
name has been mentioned in connection with the
alleged bribery charges OF the star route jury who
is in San Francisco, last evening received dis
return here.
Not q Parallel Case.
III ACACICuCC w ClC Case ItlcTICu 10 III morning
paper in which the course of Mr.. Henry Gather
standing out for the innocence OF one White on
trial for setting fire to the old Treasury depart
ment, is compared to Mr. Dicksons course in the
star route trial. White being afterwards acquitted
Mr.. Jenkin Thomas gives the following account:
| There were two brothers named White, who were
tried separately for this offense, and the tried
first was convicted and sent to the penitentiary.
On the trial Of the other brother Henry Gather
held out for conviction, and on new trial four
jurors did likew1Se on the third trial White
quilted by reason OF the absence OF the prIn-
cipal witnesses The convicted brother was after
wards pardOned.
The Residence Of Juror McLain.
Mr. Henkle submitted to the court this morning
| af1davits regarding the residence OF Juror Nc
Lain. Frederick A. TschefYely, OF $50 Pennsylva-
MIA avenue northwest. makes affidavit that E. j.
McLain, who has regularly voted at Beltsvile, and
whose father owned Sunny Side, one mile south of
Beitsyille, and the E J. McLain who recently
served as juror in the Criminal Court OF the Dis
tr1ct. are one and the same person, and that he
has seen McLain at Beltsvtle often, exercising the
rights and privileges OF citizen OF the state of
Maryland.
Charles A. Fox, registration officer of the Vans
vile district, Prince Georges county, Nd, makes