Los Angeles daily herald., 1888-03-02
THE BODKIN CASE.
An Intoxicated Juror Stops
the Proceedings.
ELECTED FROM A TRAIN.
He Takes Refuge in Drink and
Causes the Case to Become
Somewhat Mixed.

Al tne COnNonlnS Vi d JuuSo OHOhOy
court yesterday morning it was found
that Juryman J. j. McKenna was
absent and it was reported about the
courtroom that he had been seen on
the streets drunk. The Court order
ed an attachment issued, but up to
10 80 the delinquent could not be
found, at which time the case was
called and the District Attorney stated
to the Court that there seemed to be
circumstances existing making it nec-
essary for a continuance of the case to
be ordered. District Attorney Dupuy
then filed his affidavit and those of G.
II. Jennings, A. H. Bolaud, officers
of the court. and of three jurymen, to
the effect that one of the jurors, j. ].
McKenna, was seen the evening of 29th
and Yesterday morning intoxicated
and that on the 28th and Goth he was
so much under the influence of alco-
hol as to be totally incompetent to
comprehend the nature OF the evil
dence adduced at the trial.
The Court ordered the jury to retire
to the jury room for few minutes
until the matter C )uld he discussed.
Lieutenant Governor Stephen M.
White, attorney for defense, stated
that he did not object to the continu-
ance, but if one was taken he would
desire that Wednesday of next week
be fixed as the time.
District Attorney Dupuy thought il
the case was continued the trial would
have to he begun anew One OF the
jurors had fallen on the wayside and
during the trial this same juror had
been unable to comprehend the pro-
ceedings of tine court. Lieutenant
Governor White did not object to the
proceedings, but would to reopening
Of the case, as he had grave doubts
as to whether such proceeding could
be legally done.
Judge Cheney replied that he would
confess there was question. Whiskey
was at any time capable of raising
more intricate questions of law than
anything the Court could conceive. II
the Juror was sick, the Court would
know what to do, but couple OF
glasses of whiskey had truly puzzled
him.
The Assistant District Attorney
thought the Court had stated the case
with great moderation.
The Court stated that he did not
know what was to be done with the
jury. There was no provision by
which the county could feed, sleep
and keep them under lock and key.
The only place to put a jury was in
the little hole in front of the court
room.
A recess of one hour was taken in
order to give the attorneys time to
look up the law governing such cases,
the Court stating that as far as he
knew the case had no precedent.
At 80 Court was again convened.
The District Attorney moved that the
case be continued and the jury be dis
charged, he being of the opinion that
the defendant had never been placed
in jeopardy.
At this point a Deputy Sheriff ap-
peared with the delinquent Juror, Mr..
McKenna, who was so intoxicated as
to be unable to walk without assist
ance. He was placed in a chair and
the Clerk ordered to call his name, to
which he responded after several rep
etitions.-
The Court ordered that a recess be
taken in the case until Thursday,
March 9Th, at 10 A. NJ, and that the
eleven jurors be discharged until that
time, stating that at that time he
would pass upon the question of re-
opening the case. A continuance. for
the term he would not grant, for the
reason that he had grave doubts as to
whether that would not entirely dis
pose of the case.
After the jury was discharged, Nc
Kenna was ordered to stand up and
answer why he had not appeared in
answer to the summons. He brokenly
replied that he had been foully dealt
with, having been elected from the
railroad train. He was ordered to sit
down and the Sheriff charged to take
him in custody and cause him to ap-
pear at 10 A. NJ. to show cause why he
should not be punished, he being in
an unfit condition to answer.