New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-02-10
4 NEW TRIAL NECESSARY.
OUTCOME OF A CHARGE AGAINST A JUROR
JUDGE BExED1cr's DECISION IN THE SIMMONS
CASPIAN EXCEPTION TAKEN'


CAsE--AN EXCEPTION TAKEN.
The charge that William E. GoodnOw Juror NO. il
in the tIial Of James A. simmons IN the lhi'ed e'a'e
Circuit Court is old Acquaintance Oi the prisoner .
whether il be true or false made new trial nec'9
sary Judge Benedict yesterday dischiiseo u'7 'u''
and instructed that new panel be summoned Ioi
Thursday. ,
when Judge Benedict took his seat yesterday morn
ing he asked If there was any objection Oh inc p"4O
of the defence to proceed with the tiai' h'H-u =
Newcombe simmons's lawyer, replied tla' uIcie wa
not United states District Attorney bo"dIu '1i'.'
however said for lis side that there was MI Ne"
combc then objected to the interruption Oh lie ui'i
for the purpose Of receiving any statement from u.'
Distrct-Attorpey. such a proceeding, lie beAeNeu'
was for the purpose Of mpcrilns the interest oil Ills
client. Ill.
q, this Mr. Mitchell answered: 81 submit that thl'
statement is not made good fGth In we" oil uc law
that the defendant by this very counsel mas uro"o
the public prints gone to the jury already SUI
NIT that his suggestion to the court Is an a'perSo
upou fne counsel FOR the Government that is as gross
ana uucaed for a. it is untrue in fact Inc Fps OF lo
counsel for the Government have been seaIel Pcui7
this trial in court and ii IS only because Inc uelD'
through his counsel, has seen lit to 90 10 tha jury
through the public prints that it is Incumbent upon ic
to on the minutes ana on the aihua'N
Ia withdraw Juror, for the reason that there Is
manifest necessity for the act, the ends OF Juaco
would otherwise be defeated
Mr. Mitchell then read aiddavts made by hlSrh' ~
Charles NJ Ward and william +. Cherry Aho al'"'
of Mr. Ward the substance of which has Deeh pn"i'''
already declares that the afiiant often 81" ""'uo"
and simmons talking together in the buIdlhs al 40
lG5 broadway, where both had Offices NJ '"c'''
Is a stenoerapher and testified that Goodnow hau '"o''
that he dd not know simmons.
Mr. NewcOmbe then moved that Judge Behe0'c'' "
reason Of Mr.. M.tchells motion, direct the d'q'..l'
of simmons. The court denied TINS mouoA anu "a
Nnwcombe then read an affidavit made by his chohI'
DENYING that he ever knew Mr.. GOoduOw OF ever sd"
him before the Trial began Mr. NewcOmbe then "eH'
,t.,,
The District Attorney received coihn'nHcuu ,c
from an Irresponsible person. OF qlesIohdUic i'PI'
mlttod ana the Unfortunate adlo'UhHchU VI 'tU!
TOOK place NON. II tine Obstruction 81 .u'''I" .,,,
nlacc il was then and II II TOOK place IL Wa oc'""'
OF an omission upon LIS part properly 10
the malicious charge MADE U! a h"n tc.,a.. ,,,
entor.anins ill-Wn toward Nr. simmons uv4o ~ i
srctlng tie course Of justice in the l1iaI Oh tAS L.
dlctmeDt. 49,. ..-..,,io,ti,n made l,y
one Of The counsel the defendant to tle PcS W.
Friday afternoon. II is stated II wa. ie''c'' ' a
Inc of that letter was written Dlstricv Az J.ney
Office hal Communicated - al least 'rcc .''.u 20
hccasc If some rgegliarty VITA IeI'feA.c 10 ""' o.
Inc member, Of tbs Jury and II was d@SE.d ~ me
nnibsbcS In the press on the following day. Ih,i,
and not until then, did iocl tld shO4u DE- "cs.e
of
e au ig1e III if instead Instead of having prsno the cge
gentlemen say they received from jne DISTRICT A.
orcys Office to be published in tlo pr s. on sAtadlI
mcmberS Of tbs iury IT, witnont any lntln"tloH
being conveyed as 70 who was IeieiiSd o. u.SiF ~
Attorneys Office that there was Al irNgulariy ig IN"
jury md as Your Honor "lll observe titt at I,a,
" cs ~ "a tbcn bar il an Intervention mari,
fro mn ,
ton which the reporter intimatfS was conEcyea 10 nun
by tire Office. Now there was my JuNtihcaUon.
Judge Benedict then said: d" ! am Of thc opinion
that the facts presented make u discharge
the present jury from The further conlioratOn Of This
case in order to prevent the defeat Of the ends Of iu,
tce and preserve the rights Of the people ana also
10 preserve the rights OF the accused to be tried by
Jury every member Of which render verdict FREE
from constlaint. 1t is manf-, that the knowledge
respecting the statement MADE by Wald conveyed I"
the Jury by the publication Cf The letter OF TIC o.
PENDANTS counsel. makes 1t impossible that in t'
future consideration Of this case Jy The iury uc:c can
Jc that true independence ANA fl, odom # ACTON on inc
part Of each Juror which Is sary TO fair t'l Of
tie accused. Here put an inquiry to 'hetuIor Goo"
now whether he had read the publication II the news
papers ?"
Mr. Goodnow answered a. real IT. other Juror
also said they had read the atIcl-a. Jucgt bcn.di'
III his said: Therefore such puuNcatcn. nidcr tAe
ncrnIiar circuns auccs Attending t., AFFORD, N my
=, i,nn a sufcicnt ground t. Ill c.IaIee thu jury a.
his time I'm order Is therefore malc tnat a. july Ma.
be WITHDRAWN from The Juiy-ihe nrat !uIyHal VIII
stand aside ,,, -, ,,.,.
Nr. Newcombe then said 10 which the defendant
objects and takes an exception; and following thr
eXcepton VIC now move fOl a discharge Of James ~
simmons" -.,.- . ..,o,.,-, oil
though the Judge tod MIN that IT Was no. the PFJIG
mace 10 maize it. Finally the juror sad woul!
LAC now tnat as citIzcn, demand thc most
fh1rougb investigation, ! court 1t. NY answer Wa
on my OATH ana DOW rciterate It never law Mr.
Simmons nor spoke with him in my life uni! ne wa
,nintcd ONT 10 me in this room ] never 0cCup!cd
ro1,n m the fout moor oi Mr.. Wards mothers build
me- did on the fifth floor for over four years room
~ and there is Mr. Wards receipt for IL. went il
tbat room on tho 1st Of May l-o4 anu not previous
70 that lime" ,., ~. ,,,1,, ac,i,
denvina Inc motion 70 acQuit the defendant ana OF
deJing that the trial Of the cac continue on lhuis.
Gsy lie alsJ directed that d panel oi 100 jury
be summoned for that DAY d., H.. -. ,,-,.,l. ,-..
Mr. Newcombe afterward sad thHt ms posi- ION va
"a Iii Iuen had Ahead b. pacci ono: III jcopd,d
and could therefore not be tired aghn NJ Nt"
Cibc intends u carry the case to tue Inltcd Siate
SI,rcmn Court if necessary, ana may apply 10 JUG;
VILLAGE for a writ of ba5cas corpus Tor SihmNi7 10