Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1894-03-08

AdulSpl, Mar. 1.
The trial Of the roster case ended for
line sunday recess somewhat earlier
than was anticipated and in way
rather out of the common. 1t deyel-
oped that juror had been uuduly
yoluble, that he had expressed an opin-
ion in public on the merits of the case
and so plainly rs 20 leave the fact
clear that he had already, without
hearing any evidence, arrived, so far
as he was able at a verdict The juror
is RGnhard Rciblea sturdy, sub
stantial appearing farmer whose habi-
tat is in the town of RoXbury.
Court opened Saturday morning with
Attorney Jeffris, for the plaintiffs read
ing GOV Peck's deposition TO the jury
This consumed nearly an hour. When
Mr.. Jeffris finished the plaintitfS
counsel asked the counsel for the de-
fepSc to meet them in consultation and
the entire legal array went into the
Judges private office for this purpose,
while the spectators sat in wonder
menr The judge was finally asked to
Join them. Upon returning in a few
= y
not 10 listen to any conversations about
the courthouse during recess, and to
come Immediately upon the call of
court. The gravity with which the
court spoke this, upon announcing a
recess, led to the conclusion that sus-
picion has been aroused that some one
was attempting to tamper with the
jury. The sheriff was requested to see
that the jurymcn were back in their
places promptly on the call of the
court after recess.
After an hours recess the court at
11:0j reconvencd -Four iurymCn were
rot in their places when the gavel fell
and the deputies began a search for
them 1t was fully FIVE minutes before
every Jury seat was filled. The court
then ordered the jury taken to the jury
room on the upper floor.
Thereupon Mr.. DIN arose. as he said,
40 perform an unpleasant duty in rcla-
tion 10 this case He stated that Fri.
day morning he learned for the first
time that one member of the panel
had expressed an opinion relative TO
the merits Of the case. He offered the
affidavit of Charles II. Slama of Kc-
wamee. a junior law student who
swore that Reinhart Reible on Wcdncs-
day evening was converving with
Herman G. Dreier, Patrick II Lynch,
Louis w NrOnckc and NJ. T.. Dillon.
all law students. at the University
hotel, on West Gilman street. relative
10 the case, and that he expressed an
opinion Of a vital nature upon the case,
The other law students also filed
colTobOI,ative attidavits. Reible Is a
hrother-in-law Of August Reuter-, who
manages the University hotel, and was
boarding there while serving on the
jury. All the afidavits state that the
opinion was volunteered by Reible
without any discussion of the merits
on the case by the students
Mr. DIN said the afidayits had been
submitted to the other side. He added
that both sides were unwilling to pro
coed with the Jury as it now stands,
because il would be fatal to any verdict
which might he given but the plaintiffs
were willing and anxious to go on and
try the case before eleven jurors
Mr. Flanders cOncuITed in what Mr..
Oliu said, and said that fairness was
what they were all after. He thought
1t was not only the privilege, hut yhe
duty of the attorneys to bring the mat
Ter to the attention Of the court Mr.,
0lin had. however, misunderstood the
defendants only in one particular. that
IF proceeding with eleven jurors with
0ut presenting the matter to the court
IN detail The defendants counsel
thought the matter should be presented
70 the court at once with all the facts.
and let the cOurt decide MIR Flanders
also said he was sorry the prosecution
had conveyed the impression which
they had. though probably unintention
ally with reference To the failure Of
the defense to go on with eleven jurors;
nder the circumstances the defend
ants could not consent to 60 with
short jury made up aus this had been.
While expedition was desirable, the
Importance Of the action was so great
nd its character Of a nature which
made it Of the utmost concern Of all
arrios that a Just verdict should be
rendered without leaving a possibility
&. any suspicion attaching to the jury
my member Il f.
AiI. Jones presented a statement on
aaalf of Attorney General O'Connor,
wing that his side could not agree to
init the trial TO 60 on with eleven
ers. This was endorsed by All
.ar attorneys for the defense
E.r Ieffri~ said the plaintiffs IN
ad not that these afidayits should
onccalcd but that the courts at-
on should be- directed to them ana
.' IF tho court, and attorneys agreed
trial might proceed with eleven
nrs
Judge Siebeckpr stated that upon
.as showing made the court was with
discretion In the matter Of cXcus-
The juror complained of, and as
2ta sides were entitled to q trial be-
jury Of twelve men unles.
.E. was au agreement the court could