The Washington times., 1894-11-04
COURT HAS NO JURISDICTION
Judge Bingham Dismisses the Charge of
Tampering with jury Against Mr..
and Mrs. HeiskelI.

Tampering with jury Against Mr..
and Mrs. HeiskelI.
The furry over the alleged attempt to tam
| per with the jury in Judge Binghams court
has probably ended in talk.
| 1t came up in the case of Barbour vs..
Heiskell by affidavits from Jurymen O'Bryon
and Hall, which stated that Heiskell and his
wife had offered to throw business into their
hands, and these offers were made just prior
TO the trial of the case in which Heiskell was
sued for S11 .622 damages. They further
| stated that Juror L. Fl. Hopkins had openly
| expressed his friendship to Heiskell while in
| the jury box.
These af1idavits were filed last Saturday,
| and Judge Bingham cited Heiskell to answer
| yesterday charge of contempt
When the case came up the courtroom was
full of lawyers and others interested, aud
Mr. Ross Perry, Heiskells counsel, was on
hand with affldavits from Mr. and Mrs. Heis-
kell in answer to the charges, but Judge
Bingham at once upon opening the case
stated that he had no jurisdiction.
Mr.. Perry exclaimed that his client waived
the point of jurisdiction and asked that the
af1idavits he read.
Judge Bingham replied that law passed
IN 1881 provided that no attachment for con-
tempt could be issued unless the act were
committed in the presence OF the court or so
near as to obstruet the administra ion of
justice. ANY other attempt to obstruct justice
came under the second section, which pro-
vides a punishment under Indictment and
conviction of fine and Imprisonment. The
present case came under this second section.
and, therefore, he must turn it over TO the
district attorney for investigation looking
to an Indictment.
Assistant District Attorney Jeffords. who
represented Mr.. Birney. was present aud
ready to take in hand whatever papers and
evidenceshould be turned over to him. Judge
Bingham ordered that full transcript Of the
papers be furnished him.
Mr.. Perry made statement for his client
He said MIR. Heisken. under his advice, had
refused to say q word about the case till now
He and his wife were entirely innocent OF
wrong doing, and an injustice had been done
them in having the matter publicly presented.
Neither of them could have known that the
men they called on were going TO be juryrnen
in the case. The jurors, when they felt that
they had been improperly approached, had
plain duty.
They should have known that they were in
competent to sit in the case and should have
let it be known at once. When they were
silent he was left to place evidence before
them and to present argument upon it when
there was no chance to influence them in
favor OF his client. They had doubtless in
formed their fellow iurymen of their feelings,
and il had improperly influenced them also.
Upon Judge Bingham's suggestion, he said.
he would as soon as possible place before the
coart written statement of his grounds for
believing that Bryon and Hale had acted
improperly in sitting in the case.
Judge Bingham nen formally dismissed the
proceedings for lack of jurisdiction. Mr. JEFF
fords stated that District Attorney Birney
would return Wednesday. The case will then
be placed in his hands The first thing will
be to present the information to the grand
jury. That they will return true bill is con-
sidered doubtful by persons we'll informed in
such matters.
In Mr. Heiskelrs affidavit. filed yesterday,
he says he had no thought of improperly in
fuenciDg Juror O'Bryon. He did not recog-
nize him as the sign painter on whom he had
previously called till his attention was di-
rected to him. That call was purely acci-
dental and made at time when he did not
know that O'Bryon would be Juror. Heidi
say he was going to have a case in court, but
he did not know'what court or when it would
come up.
Mrs. Heiskell denies any intention to infu-
ence Juror Hale. She says she stopped at his
flower store few moments and priced some
palms. As was her custom. she left her hus-
bands business-card to prevent mistake in
case she concluded TO order.