Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-03-21

GOOD CROWD.
fair and impartial verdict impossible.
The motion therefore concluded with request
that the case be arrested and the jury be dis
charged from the further consideration of the
case. In support of the motion Judge Wilson
read from sixth n. II. Report'. where, in civil
case. the verdict had been reversed on similar
grounds. Nothing the court could now
tOrney could now do. could remove
from the minds of the jury the effect
u such an improper remark. The question
Was an assault upon the independence of each
man on the jury trying Howard j. Schneider.
Even should the court direct the jury TO en-
tircly disregard the question it would be almost
beyond human nature for the jury to disre gard
it. Each man on the jury undoubtedly
had been continually asking himself,
Am l the man to whom the wit
ness referred?' Therefore each member
Of the jury had been. and now was, Improperly
influenced TO that extent. Judge Wilson also
read from the sixty-frst Iowa reports and sew
eral authorities IN support OF the motion. He
stated that liz had very little time to examine
many authorities On the point, but he had no
doubt many could be found sus tanning their con-
tention-
THE DISTRICT ATTORNEYS REPLY.
The district attorney, in reply, stated that
the motion was the most remarkable he had
ever heard OF. The question had been asked
oping the bias. If lie had any. of the witness
Nothing had been said which III the slightest
manner indicated the way the witness desired
the Jury to go. If he had any such desire. If the
question was an improper one. it should have
been objected to before it was answered BIT
the defense had allowed the witness to igJye
the stand without the least objection. New it
was too late. and in the case of trompton
United States (13S v. 5. Reports. 361) the
Supreme Court of the United States had 30
GeridCd.
II the motion was the most remarkable which
the district attorney had ever heard. said
Judge Wilson, it was because the conduct of the
government in asking the question had been
the most remarkable seea. The objection to
the question could not have Jesp made until
the question had been fully asked, but then it
was too late to c1re the wrong The evil was
done when tine question was asked. 1t was the
0u'y Of the government to ask that it be struck
out.
District attorney-We think it a very proper
question. and therefore have 40 desire to have
II stricken out.
THE MOTION oyERRrLED-
The court, in disposing of the motion, said
that il was a most unique one. The question
did not intimidate the jury. II was great
stretch of the Imagination TO suppose that the
question reflected upon every member OF
the jury. The preliminary examination
OF the jurors disclosed what member
of the jury. if any, was affected. The motion
was unique because with all the learning of
tine counsel for the defense. he had not been
able 10 find any authority sustaining the con-
tentiou of the defense. II any error had been
committed by asking the question it was now
tco late TO correct. Ii certainly could not be
corrected by the means of the motion here
made The question appears to have been a
proper one and the motion is therefore over
ruled.
Judge Wilson then moved to strike out the
question objected to- which motion was peremp-
torily oye-ruled. when the defense noted excep-
tons to both rulings.