Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-10-26
"A MISUNDERSTANDING"
That Little Affair Over The Howard
Case Blows Over
TUE TWO ATTORNEYS N0r TO
BLAME.
But Judge Zane Says the Jury System
Must be Kept Pure.

At the time the NEWS went 10 press
on Slturday afternoon Judge Zane was
still investigating the peculiar circum.
stances arising out Of the ding Of the
affidavit by Mfr. Ruth, one ofthe Jurors
In the Howard adultery case tried last
week.
Juror L.. h. Nelson, following MIR.
Ruth on the witness stand, saiji Two
parties have been 10 me trying TO get
something out OF mo about this matter
Of the Howard trial. The fret man
who came up said he was astoni-hed at
the verdict. replied that when one
man kept anothcr's wife for two years
there must DO something wrong, and
added That the twelve jurors voted
guilty on the fret ballot. He then
raid. "Now have got you where |
want you" do not know wis this
man was.
Mt. Gllsen, another juror who sat on
the Howard case, testified; Mt. Ham.
ilton spoke to Mr. Sutton aud myself
saying he had heard We misundcrstood
th. Instructions OF the court, and would
like Us TO come 10 his office. replied
that did not misuniefst,nd the In
attractions, and that ended the convorU.
alton with me.
Juror Sutton was recalled aud stated
was approached by these parties who
have been referred to. Mr. Hamilton
told me that he wanted TO secure a new
trial, and replied that | could do
nothing for him. | was present when
the man referred 10 by Mf. Nelson
approached him. The man was AZ.
t0fuey Corey, who N In the room now.
lie told Nelson that that was a queer
verdict. then heard him say, 81
DOM give d., I've got three aflida'
Wits nov, have rot you where | want
you nOw.n | told Hamilton that this
man Corey hal hurt his uasc. Howard
afterwards approached me aud said the
whole case was demonstration aud
that Mrs. Everett was his hIlf-sister.
"This," said Howard, SIS on the
masonic line" told him that |
coulduit help him. When the jury
came out with the verdict aud IL had
been read, Marsh said h me, "Where
does the adultery come inY" | replied
that II came In through the verdict Of
twelve tfue men.
J. w. Corey, mn attorney who was
only admitted on Friday, aud was not
identified by Juror Sutton NJ the man
who had approached Juror Nelson,
was then called and testified; I AN n
lawyer and have been practlcing seven.
teen years. had no connection with
the case whatever, but was discussing
It after the trial With man named
Whitaker, who said Tint IL took three
ballots to arrive at a verdict. ] iidnt
think II did, and asked Mt. Nelson
about u. When he said u took but one
ballot, stated To MIR. Whitaker, "Now
have got you" or " Thht u all want
TO know" OF something 10 that effect.
/ did not tell The Juror that had him
where l wanted HIM.
This closed the testimony, and Attor-
ney Hamilton said that although he
had made his statement he was viii.
ing TO make the SAME statement unaef
oath.
Judge Zane replied that that would
NOT DC heees1aty, anu eOn.lhueu'
Counsel anu othef persons mus uniet'
stand that they cannot bring amy inilu.
ence 70 bear upon Jury before or after
verdlct u rendered. MI. Corey can
hardly understand why you TALKED rs
you ulu 70 MI Nellsnh. " looks IKE
Intimidation II you are not careful
n"W 80 ~ ~, mv na,,. ' s,,ioian ~, H.
rolls and get yolrselves into trouble
b,sidrs. The law N n great science.
and peltifoggers who choose 10 70
around following up Juror cannot
nppear In this court. / will allow II TO
mass this time. but YOU must bo very
careful,
Mr.. Corey-I would like 10 ssy-
Ths Couft-I don't want IL hear
ANYTHING more from YOU, This state.
ment OF Mr.. Ruth, taken together with
that OF Mr.. Hamilton, explains the
matter somewhat, There was proba.
bly, "A Misunderstanding. Attorneys
must DO very careful when approach.
ing Juror after verdict. Trial by
Jury some OF the most important rights
That The citizen has, Liberty and the
right OF property depend largely upon
IL, and lurors must not DO tanpervd
with. The system must be kept pure.
Counsel can appear before the fury In
making arguments, but II must end
there,
Attorney Hamilton stated that In
view OF what had transpirel he would
withdraw from the motion Tor n new
trial Mr.. Ruth's affidavit aud rest upon
the other grounds.
The matter then dropped,
N '''s