The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1894-05-17

debted to Romnes, and the other necessary
facts appearing, the defendant was guilty
This would lead the jury to believe that the
test of the guilt of the defendant was the
existence of anactual Indebtedness, while the
delivery of the note is declared to be suf-
ficient to justify the defendant in making
cath to the Indebtedness
VII. The court erred in refusing a new
trial on the ground of the misconduct of the
jury during the trial Because the jury
separated after the charge of the court and
before they retired to deliberate on their YER
dict. The motion for a new trial was made
upon this with other grounds. Four of the
jury made oath, with the foreman of the
jury, that after the charge of the court they
separated and left the court room for some
time and then retired to the jury room.
This evidence is uncontradicted. The mem
bers of the jury swear they did leave the
court after the charge of the court. This
was such irregularity, as is held in this state
to vitiate the verdict. Matters not inhering
in the verdict may be shown by the affidavits
of jurors.
VIII. The court erred in not granting a
new trial on account of the intoxication of
some of the jurors during the trial. The
afidavits of fifteen persons, residents of
Brown and Redwood counties, who were in
attendance upon the trial of this case, show
such condition of affairs among the jury
during the trial, las must satisfy any unpreju-
diced person, we think, that some members
of the jury were not in condition, by rea-
son of the excessive use of Intoxicating liq-
he fri fn
their duty. ,r
That Alonzo Pickel, one of the jurors was
drunk nearly every day and night, during
the trial, there can be very little doubt.
The only direct evidence to the contrary. is
shown by his own affidavit that he "only took
five drinks a day. and that it was a
long time between drinks
The reasoning of the court in this case we
think appears with great force here. The
af1davit of Thomas Mccormick, one of uhe
jurors, who tried the defendant, leaves nc
doubt as to the conduct of Torrey and Pickel
This case was tried in New Ulm. The affi-
davits show that large number of persons
witnesses for the, state and personal enemies
of the defendant came down from Redwood
and surrounded the jury morning. noon and
night, when they were at their hotels and out
of the jury box, so that every opportunity
was given for reaching and influencing the
jury. The evidence of good reliable men
and some of the members of the jury ought
to be sufficient as against the affidavits OF
parties who did not know anything about
the facts, and only testify to the good char.
acter of Pickel and Torrey, for sobriety.
No verdict onght to be allowed to stand, in
any action, civil or criminal, surrounded with
the odium which surrounds this one.
It is alleged as error, that one of the jurors
did not understand the language. There is
no question of this fact. Men who were
well acquainted with the juror, testify tC
that fact, and he himself says that he did not
understand anything about the case or tria
only as he asked the other jurors. Now we
concede that it was ground of challenge
on the ground of general disqualification
The law requires the proper officers to cal
jurors who are competent jurors, and if il
means anything, it carries a presumption
that they have at least called men who un
derstand the language in which the courts
are held This juror swears he did not ever
know what crime the defendant was charged
with.
Supposed deaf and dumb juror called ant
no challenge had been interposed, from the
reasoning of the court below, the attorneys
were bound to ascertain thefact. This jur.
or was just as competent and no more so
than the other. That such a defect existed
was not known to the defendant in this case
until after the verdict, as shown by the aft
davit of the defendant, which the court below
hos