Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-04-14
Some AmdaTliS Which Have an
Unpleasant Rsldldg,
FOR one INDIVIDUAL ANYWAY.
II Il Alleged that Timothy J. sullivan
DIDN'T Have a Fair
showing.

December term Of the Third district
court, aud It Is now alleged that, while
90 acting, he was guilty Of gt0ss m o.
conduct.
The cass Of Timothy J. Sullivan v.
the Anchor Mining company WAS d
case brought by tue plainlIn against
the defendants for Injuries received
while working In a mine. Blaz8t wa,
examined on to his competency g. NJ %,
a Juroi, answered the questions a,kcd
Of him, and was accepted o. one Of tue
twelve. The hearing iuslud about
three days, and the jury brought In q
verdict Tor tie defendant, tlgntd By
nine Of their number; tho other three
stood lot the plaintiff.
sullivan, through his attorneys,
Mea,rs. &. S.VarIan ana DIV Powers,
b. Low scoking now tia, ba8.ug bis
motion 90 the misconduct Of Tue fury,
and b. tliei Ihis afternoon the follow.
lng ailidaviu:
Timothy J. sullivan, being hnl duly
sworn, on Uhth aayt: nm tho plain.
| tiH nlfncd Ia the above entitled action,
/ that at tIu trial VI this cause, one j. D..
/ Blazer was Que u tho Jurors who sat
upou the trial; | am reliably
in'ofmoI aud upon information
anu belief charge the tfuth 20 be-
that several days before the trial VI
tuih action anu upon the day when the
same was called for tfial before Honor.
ahie G. 3. Zane, AMI no the umc when
the c0nslleratiUn VI the transfer OF tho
/ same before Honorable James A.
/ Miner for trial was had, said J. ~.
| Blazer, who was tuun ON tho regular
/ jury panel, Ia tho court room VI saiu
] courii approached one J. n, Harris,
Etq anu requested min said Harris "
10 10 Arthur Brown, Esq, onu VI the
counsel Tor Above named defendant,
anu say 70 hin, Brown, that suid Blazer
dosifcd 70 nuu wanted 10 be- On the
Ju y 10 Try the issuSh ~ this ctuie, Tor
the reason that hu said Blazer was n
warm personal irioud OF uus David
ksilu, whO was financially aud other
wise Interested In said cause Ani who
was and 10 member ofsai corporation
defendant, aud WAuttd ~ do him said
Keith some good u he could; and that
SAID Blazer then and lutrs requested
said Harris 10 state to said Brown
that ho Brown should make n pre-
landed rigid examination Of said
Blazer as 10 hi. quauticationa aud
competency ~ Mt w. on the trial Of the
issue OF said cause AMI pretend ~
make u appear In tucn examination
that lac said Blazer was upon friendly
terms with the attorneys VI said plain.
TN, aud that he felt kindly disposed 20
their cause, and that 10 said Blazer
was hostile Juror Tor tho defendant
aud uniriondly 70 said corporation Rud
60 IL Cause, for the purpose Of delud.
Ing aud thereby dtceiying tue plaiutiil
aud rs auofneyE, ~ that he sald
Blazer would not DO challenged lef.
empt0rily, on the part OF said plaintlii
that saldhurris dccllued aud refused 10
comply with the request Of said Blazer,
anu uid not communicate any Oi the
above requests ~ tniu brown, orany VI
the attorneys OF said defendant,
iuftbef cay that said J. h. Blazer,
ON account OF his friendship Tor said
David Keith Aud Of his design anu
uesife 10 ait upon the case, wAB a
preiudiced and binsei Juror against my
cause and against myself, anu that 1
thereby did not have u fair and i'm.
partial trial Of the Issues In tho case,
and did not have my cause considered
ami delibefaled upon by n fair and i'm.
partial Jury.
further say that did not know Of
tho facts above anu In this affidavit
stated until long alter tho trial OF this
cauHe, that / au iui0rmbd aud verify
believe, anu UPON Information anu
belief charge the truth 10 b. that my
attorneys request and ask said ]. ii,
Harris 10 make affidavit OF the facts
herein related ana u the manner and
things sAi1 by J, Is. Blazer 20 him,
said harris, as htTeinbeiOre stated; but
TO make the same OF any affidavit said
Harris de lined ami refused, anu still
declines and refuses ~ 10 do, tut that
the SAID ]. IA. Harris admitted TO hi,
sAld attorneys the facts Rud thinPs
stated heieiul e'ufo concerning said
conversation between him and said
Blazer are IN SUBSTANCE true and cor.
rect.
Tom Fergu,on, olng duly sworn, on
oath uAytl / am o. frsiIuut OF salt
Lake City AMI county, UAn Terri.
tory; that my business IL that OF an
attorney nud counselor a. law; that
nm acquainted with one J, Is. Blazer;
that uufing the month Of December,
1893, aud prior anu subsequent thereto,
shid j. ID. Blazer Was on the regular |
jury panel OF tho Third judicial Dis
triol Court; that In the month u Nov. |
em0er, 1898, / was party plaiutiti In |
his suit triuI 10 said COURT aud that |
J. Il. Blazer was one VI tue jurors who |
bat upon the Jury Ia the trih Of the In.
tues OF my SAM acliuuithst on or about |
the 10Th Day OF December 1893, In a
conversation hgd win said j. Is. |
Blazer Ia said Salt Lake City,in when |
Conversation was discussed tue irregu. |
lariIy Of the jury wuJ tnui my case,
said J. Is. Blazer saiI 20 me that II |
had any cases 10 Iuv District Court |
while that then vAlsIlg pauei OF Jut-
ofs wete then iu service, no Blazer, |
ioT small confederation could fix the
Jury, aud Tor tue sun of iofty or iiity |
uollara no could got auy Kind OF a Vef-
uiot that was desired,
ID. n, slraup, b ing duly sworn, on
oathsaYsl 'rhat NO has read the afii'
lavit VI 4. j. sullivan, too plaintiff IN
TINS case, IN which Is stated the CONVEX
ssaiion had between J B. Blazer aud j.
~ Harris; further say that said J.
H. Harris rotated n mo and told me
the conversation had between him and
said HI.z.r and that said BlRzar told