Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-04-05
KNOCKED OUT BY A JUROR.
The Norris Wa mmoth Case, When
Almost Ready to go to the Jury,
is Thrown Out ON the Dis
cOvery of an Inc0m.
petent Juror.


On Saturday the concluding testimony
for the plaintiff in the Morris Mammoth
case, being all in, counsel for the defense
entered motion for non-suit, and the
matter was argued at some length and
taken under Amusement.
Judge Zane, this morning, without at
tempting to go into detailed review OF the
evidence, gave the opinion that there was
sufficient in his judgment to justify the
case going to the jury for a verdict, and
he would therefore override the motion
for non-suit and allow the case to proceed.
At the conclusion of the Judges opin-
ion and when it was expected that the
case would be proceeded with by the
taking of testimony for the defense, P. L..
Williams, Esq, and Judge Bennett, one
of the counsel on each side, stepped aside
and engaged in a whispered converse
ton, during which the Court was kept
waiting. Presently Mr.. Morris, the
plaintiff, was called over and became
party to the conference, and for nearly
half an hour the attorneys and principals
eddy in the controversy, which now begal.
to excite good deal OF curiosity among
spectators as well as with the
Court itself. When the Judge
himself was approached and the same
secret silence observed, it became evident
that something important had been
sprung. This suspicion was Immediately
afterwards confirmed, when Judge Ben
nett stated to the court that he had some
thing which it was his duty to commune
cate, and which should not properly be
expressed in the presence of the jury.
MIR. Brown suggested that the Judge
and the attorneys repair to the clerks
room, but this was peremptorily sat down
upon, and the Judge instructed Deputy
Hurd to take the jury out of court and
remain with them until otherwise ad-
vised.
The jury once disposed of, Judge Ben
nett announced that the knowledge had |
reached him yesterday that one of the
jurors was relation of the plaintiff, and
believing it his duty to communicate the
tact to the opposite counsel and to the
Court. he had in SO doing received con-
firmation which left no longer anv doubt
that this relationship existed. This
Juror was said to be related both by Atm
lty and consanguinity to the plaintiff
Morris. Mr.. Morris, however. denies
The existence of any blood relationship.
out admits through his counsel that the
Juror is relative of his (MorrisD wife;
n tact, that he is her nephew. 1t has
oeen suggested that this juror be with
irawn and that the trial proceed
With the remaining eleven. We
nave reasons for objecting to this which
is better not to mention here. The
JUROR at all events is improperly in the
ury box, owing to his relationship to
Judge Bennett proceeded to
cad the statute relating to the various
legrees of affinity and consanguinitv,
ND gave his opinion that the relation
hip IN question was either the second or
he third degree. He also stated to the |
,ourt that the juror had lived with the :
lalntitt four or five years from the time =
e was s years old till about I3. This g
7as after the death of the jurors parents,
nd he had during those years lived a
nder the plaintiffs nurture and care, :
Arthur Brown argued. that the pres h
nee OF the disputed juror in the box was v
ue to the fault, if there be fault, of the +
counsel. 1t was their priyi- :
'ge to lnterrogate the jurors and ascer- 9
Tin such facts as those claimed. 1t l.
hight be that they and the defendants \
ad known OF this relationship all along, h
uring this trial \
The defendants counsel here offered :,
file affidavits Tor themselves and their -,
tents, avowing ignorance of the relation .,
Zip prior to last Thursday. These affi- q,
avits were afterwards filed not how i; S
yer until Attorney Brown had subjected IL
veral Of the affidavits to a red-hot ex- .,
nination. d,
Mr.. Williams insisted that if even the u
lationship be established it would he ~ y.
lfalr, after all the trouble, time and ex- ar
'nse spent on the case, to ignore what ~,
ID already been done and proceed to in
w trial. He had doubts about the re- z Z,
for his client had informed n
m that the wife who was claimed to be &C ,
aunt of the jurors was polyamous d1
fe and was not therefore entitled under Wv ",
statutes to recognition in the sense of +
relationship. Affinity means marriage. w w
d the fact that the first wife in this in 70
nee is still living argues against the NJ,
sumption OF marriage. If it be in e.
ted that the jurors residence with the tre
Ilntlft during his tender years had Gre f,,,
"a Impressions and feelings disqualify- 90,
him from sitting as a juror on this co.
e, then am willing, Notwithstanding 'et
It the trouble is due wholly to the lack Gil,
diligence on the part of the opposite rar
lnsel in their examination of the Juror. u
have him withdrawn and let the case m,
'ceed with the eleven Jurors. n lL.
Judge Sutherland, for the defense, in one
ed that the question OF legitimacy o oh,
lllegitlmacy did not cut any figure in HI;
premises as it was the relationship of ;na
lntiff to the juror through marriage org
I was taken cognizance of. 1t was p, =
lent that the fact under discussion fn,,
been hidden from the counsel and J',r
court through the evadlng manner in '''
CHI the juror had answered certain
stions. The relationship had thus
n concealed by a false answer and a
together with the fact that the plain t tho,
himself sat here and saw the Juror 90 Ina INA
the box, fully cogniZant OF the eX- NJ N,
g relationship, constituted our WI
lnds for challenge. moe
r. Nar1an, TO settle the question as to JIG l!oi
particular degree of affinity existing. :; uis D,
ed the law and offered some expla- Nv y. ~
ons, contending that it was certainly 1 ,,,ii
er the, second or the third de rrees as i ,ons
re shown. He had himself exam rep
the Juror as to his qualifications at t n..s
.ime OF his being accepted as Juror oei4
II the clerk would read the minutes On anu l
at examination it would be seen that VII "a q
Juror had misled counsel by evasion. &c. c,l
lie clerk here read the verbatim re- APP ,it