New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-05-16
JUROR MUNSELL IN JAIL.
JUDGE VAN BRUNTs sCATHINGl DECIsIo
THE ACoUITTAL OF SHORT DUE TO THE DELlN-
orrFNT JuPoPjg URGENCY,

JUDGE VAN BRUNTS SCAIHlNUl DEOloiNA"
THE ACoUITTAL OF SHORT DUE TO THE DELiN-
oUENT JURORS URGENCY.
Harvey NJ. Munsel, the juror in the Short
case who visited oDonovan Rossas office In tho course
NJ the trial. was taken before Justice Van Brunt In the
Court of oyer and Termner yesterday to hear the de-
cIson Of the Judge In regard to Furnishing him Tor con-
tempt Of court. Justice Van Brunt read
an opinion In which the circumstances OF the
Short trial are reviewed at great length.
He says that as the result OF Munses visit to No. IL
Chambersst had view Of the case as he told
one OF his fellow jurors and upon the retirement OF the
iury for consultation he expressed himself decidedly In
favor of acquttal and used the utmost endeavors TO
persuade associate Jurors to adopt his views OF tne
case advocating warmly the cause OF the prisoner
The Juror appeared TO be an intelligent man ana
claimed that no was entirely unaware Oh
having done anything wrong although ne
had sworn as juror to render verdict upon the evil
dence given upon tho trial. and all the jury had been
repeatedly cautioned by the Court as required by the
statute "By Mr.. Munsels affidavit, the Judge pro-
ceeds sit appears that he visited the promises and went
into the very Office which he knew was occupied by the
friends Of the defendant and after such visit had
clearer Wow OF tho case than he had before This
establishes beyond question that the juror was guilty
of misdemeanor under the statute"
The conduct Of Juror william Henry Woods, In talking
with Mun although the jurors were cautioned not 10
sneak to each other about the and in negectng to
inform the Court of MunsePs misconduct ana going into
the fury room and secoudng the efforts OF Munse for an
acquta severely censured history OF the snort
case follows in which It is stated that all five
OF shorts friends out of the room with
out making any attempt TO prevent Phelan from
numbering Short they supposed he would and not one
of the three examined witnesses for Short pretended
that any Of them made any cutlery or called lor any
assistance In order to credit this tale IT Is necessary 10
believe that all five OF shorts friends were with him
when Phelan threatened to assault NM making SIX IN h
opposed 10 Phean alone and that although they thongt
tervened 10 assist their friend, and all ran away
and left their friend to be murdered; and not
but they ran away from the building and
never called for help or made any cutlery 1t does
abect towards upon the face Of this earth as TINS evil
dcnce describes these men who were with snort 10 DC
and yet. this visit TO Rossa's office Mr. Munse not
only we'd this story but impressed It's verify with
all his ability upon his fcllowjjnrors, ,...,..,,..
Brunt SAYS in conclusion had Short boon found guilty
This misconduct woull have entitled him to now trial
aGidayit Of one OF the jurors that had
been for the earnest advocacy OF the prisoner
cause by the delinquent Juror. which earnesneSs had us
foundation in the pretended knowledge acquired by us
visit 10 Rossas Office Short would never nave oe9I NC
ontted this miscarriage OF Justice would nave
been avercd Ht had not been for the aihdaylts INTRO
ing OF Mr. Munsell, the Inevitable conclusion which
so deepy Interested IN saving Short from the
punishment he SO richly deserved that he de-
tcrmincd to 70 90 his once ahd having
announced himself as juror Inspect the premises so
ton IN the Jury room he would secure 20 him mcFtaDy
new trial aud escape odium or punishment himself
upon the plea that he had conquered IN verdict OF gy
which the other jurors demanded and that his VISIT 20
Rossa'- Office was made entirely iunocrntly These am
dlyit4 might DOUBT As 10 any corrupt motive
on the part Of Mr.. Munsell, but they III no
way excuse palliato biz offence. In IsH
OF the magnitude OF the offence, the total
nun.hnen which can nhict in this proceeding seem,
entirely inadequate. The Judgment OF the Court Is that
IA. n punishment for his misconduct the juror be cl9sey
confined the county jail for thirty days ana hhed tue
sum OF $50" , ...o,
inr4 which was asked Tor by Mr.. Vincent inc htlcr
fhon asked delay OF two hours that Nc might pcpAre
also denied The pr ,oncr WAS Immediately removed 10
the Ludlow street jail.