Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1894-03-07
TRIAL COMES TO A HALT.
juror in the Roster Case Who Had Formed
and EXPRESSED an Opinion.


MADISON, Wis, March 3.-There were
sensational developments in the roster
trial this morning After Attorney JEFF
frs concluded reading Gov. Peck dep
osition, attorneys for the plaintiffs
asked opposing counsel for a confer
ence. All retired to Judge Siebecker's
private room, and shortly after the
Judge was also called to the conference.
He returned and excused the jury and
again retired.
After the lapse of an hour all the at
torneys and the Judge returned to the
courtroom wearing a serious mien.
The court was called to order and then
the group of interested spectators in
the courtroom was made acquainted
with the mystery. The jury was sent
to the iury-room and then Mr. DIN an
nounced that he had learned that one
of the jurymen had expressed a
decided opinion in the case, and named
Juror Reinhard Reible, of the town Of
Roxbury, as the man. He read affi-
davits of five students who board at the
University Hotel, kept by Reible's
brother-in-law, where he also
is stopping. All the affi-
davits state that the parties
making them had overheard Reible ex-
press an opinion as to the guilt or inno-
cence of the defendants and make other
statements. The conversation is said
to have occurred in the hotel. Mr.. Olin
said the affidavits had been presented
to the other side with a proposition to
excuse Reible and continue the trial of
the case with eleven jurors, but the de-
PENDANTS attorneys had not consented.
He therefore deemed it his duty to re-
port the matter to the court.
Mr.. Flanders said the defense agreed
that no verdict could stand, tainted
by such Juror, and Mr.. DIN had mis-
understood the defendants in one par
ticular-that of proceeding with eleven
Jurors without presenting the matter III
detail to the Court. He thought this
proper to be done and let the Court de-
eide.
Mr.. Jones presented statement
on behalf of himself and Mr.. La
Toilette, attorneys for Attorney-Gen-
eral O'Connor, saying that they could
not agree to permit the trial to go on
with eleven jurors. This was endorsed
ny Ill QUIET dllOIHcNS lOI IuC uC1C11oC'
Mr.. Jeffris said the plaintiffs intend
ed, not that the affidavits made by the
students, should be concealed, but that
the Courts attention should be directed
to them, and then, if the Court and at
torneys agreed, the trial might proceed
with eleven jurors.
The Court said that the Court had no
discretion in the matter. He would
make an order directing Rufus B. Smith
! and F. w. Hall, attorneys, to present the
matter relating to the conduct of this
juror at the Courts own motion after
investigation, and that if they find
that anything which may prejudice the
jury, be made public, either by written
or printed communication, these facts
shall be presented to the Court at the
| same time.
The courts ruling in regard to the
written or published statement of the
opinion expressed by the Juror makes
it contempt of court for any paper to
publish this opinion.
The trial came to an end and the
sheriff was ordered to summon a special
venire for Monday morning, when a
new Jury will be secured.