Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-02-17
JERKED JURORS.
Henry Brown and j. Foppiana Pulled
for Perjury by Judge HOrrigan
Yesterday.
A Bad Practice to be Broken Up in the
Criminal Court-Some Prema.
ture Swearing.

Yesterday in the Criminal Court the case
OF J. E. Davis was put en- trial. Davis was
charged with an assault TO murder. A panel
of twenty-five men was summoned from
which TO select jury. The seventh juror
called was Henry Brown, clerk in Main
street .clothinghouse. Brown was sworn 10
answer truthfully any and all questions put
TO him with regard to his competency to
serve as a juror in said cause. He was
asked il he had formed or expressed an
opinion in regard to the guilt or innocence
of the prisoner. His reply was that he had.
Upon this reply being made, Judge Horri-
gan asked the juror from what he had
formed his opinion. He said he had
READ ALL ABOUT THE CASE,
but did not know the name of the defendant
and did not know the name OF the crime
with which he was charged; did not know
what part of the county it happened in nor
when it happened; and finally admitted that
he knew nothing of the case. Thereupon the
Judge ordered a bench warrant TO issue for
perjury, fixing the bond in the sum of $1,000,
fer defendant 10
ANSWER AN INDICTMENT
to be preferred by the attorney-general for
perjury. In The meantime there were ten
Jurors selected, and in trying 10 select the
eleventh juror, J. Foppians, s..saloon-keeper,
was called and sworn in the same manner as
Brown. Upon being asked if he had formed
or expressed an opinion in the case, he re-
piled that he had; wheFeupon the Court
asked him from what source be had gained
his information on which he bssed his epin-
ion. He had a ready answer, that he had
thoroughly posted himself BY
READING THE NEWSPAPER ACCOUNT
OF the whole affair, and thinking that this
was all the answer necessary he turned and
ed to leavesthe courtroom, whereupon
the Court had the Juror recalled, ard con-
tinued the examination by asking the juror
the name ef the party on trial, which he did
not know. He was then asked what the
prisoner was accused Of? He said murder.
Then where the crime happened? This he
did not know. How long since? He recol-
lected no dates, and finally broke down and
said he
KNEW NOTHING OF THE CASE,
but recollected that some time ago he read
of a murder in the paper, whereupon Judge
Horrigsn ordered bench warrant to issue
for the juror, charging him with perjury and
| fixed his bond at the sum of $1,000, and or.
dered the attorney general to prefer bill Of
| indictment for perjury. The Court remarked
that he considered both parties guilty OF
| willful perjury, and that since,he had begun
| prac ice as a lawyer. he had seen hundreds Of
men
wILLFULLY PERJURE THEMSELVES
to keep from serving as jurors, and that the
Court intended, so far as in its power lay, to
put stop 10 any such reckless, disregardful
answers to questions put to them under their
solemn oaths as jurors; ard that whenever
the Court believed juror 10 be corruptly
and willfully answering questions pat to him
he would have prepared a bench warrant
and order the attorney-geReral to prefer ar
| indictment for perjury