The evening world., 1894-03-07
HIS JURY FIXED"
So Says Attorney Shepard Of JUS
tice Sutherland's Trial.
Mr.. KeIIy's Peculiar Figuring In
Plain Sight Of the Jurors.
Prompt Action to BE Taken by the
Prosecuting Oficors.

It was officially announced in Brook
lyn to-day by Col. Albert e. Lamb and
Jere A. Wernberg. who are associated
with Deputy Attorney-General Edward
NJ. Shepard in prosecuting the Gravesend
election cases. that they were in pos
session Of facts which prove that the
jury considering the case of Justice Ken
meth +. Sutherland. of Coney Island,
was "fxed." thus causing a disagree
ment.
Col. Lamb said he knew all the per-
sons connected with the alleged outrage
and that steps would be taken at once
to bring the guilty persons to Justice.
Sutherland was indicted for oppres-
sion. In connection with John Y. Nc
Kane. His trial began Immediately AT
ter McKane's 1ate was sealed. The
jury stood 0 for conviction and 8 for ac-
quittal.
At the time rumors were circulated
that the jury had been "hxed.' but they
were not confirmed until to-day, when
Col. Lamb and Mr.. Weinberg made the
startling announcement that 1t was true,
and that they were in possession of all
the facts.
One of the Jurors visited Mr.. Shepard
! after the jury had been discharged, and
told the Deputy Attorney-General that
at least one Of the Jurors had been paid
to disagree with his fellows.
Both Col. Lamb and Mr.. Weinberg
visited Clerk Byrne in the Court of
Oyer and Terminer to-day. and arranged
Tor the calling Of an extra panel for next
Monday. when Sutherland will again be
I'VE will take steps.' said Mr.. wer,-
berg, ito prevent this panel from being
tempered with n Jurors from being
The three Jurors who refused to rem
der a verdict of guilty in the Sutherland
case are Edward O'Brien, foreman; Ed
ward volot n Daniel Lacy.
Of Mr.: shepard which viii be,inquired
Jury had been out t~wenty-four hours.
r "e X. re and asked eS f fore i SHnr1icaSm at ''S'
The Jurors filed Into the elevated box
and took their seats: Sitting opposite
rated him from the jury box BY three
or four feet. were a man named Kelly
and a clerk in the ofice Of Lawyer
George w. Roderick, counse for the de-
Nobody paid any particular attention
70 them, as the table was intended for
the lawyers in the case. Kelly, however.
H. Roberts. Of Fiatbush. who sat d.
rectly back of him. He acted n~ervousiy,
ard at first shifted in his seat from one
idly. with a pencil on a piece Of paper
while Justice Cullen was addressing the
jury.
have seen what marks Kelly was maxi
Ing or the ape mad n OF them so
II noticed" said Prof. Roberts, that
the man was making figures on the pa
per In an idle sort of a way. He seemed
to be very n kept continually
glancing around. otherwise I should not
II watched him and saw him write fiv.
hundred dollars in figures. Then he
turned the paper around and scratched
Again saw him make the figures
turn the paper around so that they
could be seen by one Of the Jurors.
paper. Then Kelly turned around SpS" and and
scratched the figures out. I saw him
make the figures again. and turn them
towards the tury-box and then scratch
This sort of thing was repeated sew
eral times. l was surprised and became
suspicious. and asked some one near me
became more suspicious. He turned the
paper over with the figures underneath.
II turned to a friend Of mine, w. r.
Fosssn', L. 'F Bae & clerk one in Of ts satS Ss1lSs e
counsel. and told him to secure the
paper. He stepped over to the table,
took II and slipped II into his pocket.
The figure ~ made on the paper which
/ had seen him write.
There may be nothing in II, but to
me II looks suspicious"
Clerk Cousins was seen at Mr.. Back
us's office. He admitted thai he had
the paper and that he figures were writ
ten on It as described. The dollar sign
was placed before the figures. Mr.. Cous-
ms said the paper had been placed in the
hands of another.