The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-05-02

the room or communicated with any one,
and the twelve men filed out with con-
sternation on the faces of eleven of them
and dismay pictured on the face of the
twelfth.
What the Court Snid.
As the door closed behind them and
the key was turned in the lock the court
said: II suppose it would be well to
take the testimony Of witnesses as to
the misconduct of the juryman and de-
termine what is to be done as TO the
further trial of the case"
Mr.. Miller-"If there is to be taking
Of testimony. 1 think. in justice to the
accused. that he should be here.
The Court-''It will be simply to de-
termine whether there is probable cause
for the discharge Of the jury. If there
is enough known by counsel to ask the
court to take action, the court feels. suf-
fciently advised to act 1 suppose it is
unquestionably the desire of everybody
that the record shall be in such shape
as to prevent any possible question be-
ing raised in regard to the discharge
of the jury. In that view. if 1 discharge
the jury, without taking the chance of
a mistrial and the setting aside Of a YER
dict. / shall require that it be shown that
a juror has been approached and has
consented to accept a bride for the YER
dict that he shall vote for when he
comes to deliberate on the verdict, and
thereupon move that the court discharge
the Juror and consent in open court to
the discharge of the jury; and that the
government, by its counsel, makes the
like request and gives the like consent.
The moving spirit was an outside per-
hon
knowledge or suggestion by defendants,
or the government, or any one interested
with either side, that such corruption
was made or was intended to be made.
Mr. Winter-"The defendants are here
in court and the phraseology of the order
can be fixed afterward, the record to be
made subject to the approval of the
court"
The Court-"So far as this man Arm
strong is concerned / propose to place
him under arrest as soon as the jury is
discharged"
The jury was then brought in and the
court spoke as follows:
Gentlemen of the Jury-The court is
under the very unpleasant duty Of dis
charging you from further consideration
of the case. 1t has been brought to the
attention of the court, in such q clear
manner as to leave very little doubt to
any one cognizant of the facts, that a
member of your body has corruptly con-
scented to enter into negotiations in viola
ton of the oath he has taken, and has
communicated with an outside party, has
struck a bargain with that party to de-
liver his verdict, so far as he has power
to do It, for a money consideration. 1t
would be idle. a mockery of justice, to
continue the investigation OF the case
further with such evidence before the
court as to the corruption Of one men,
Der of the panel. With that single ex-
ception the court desires, in discharging
you. to express its appreciation of the
diligence and attention you have be-
slowed on the case, and your willingness
TO perform a trying and onerous duty"
Juror-"Will this leave a stigma on
the jury?"
The Court-"The jury may consider
themselves discharged with the excep-
ton of Mr.. Armstrong, who will be
taken into custody. The rest OF you
gentlemen may go with the thanks or