The record-union., 1894-08-14
4 JURORS SENSATIONAL AFFIDAVIT
New and Surprising Feature in the
Palmer Case.
Alleged Queer Method of Forcing a
Juror to Agree to Verdict
What j. B. Sayre Says.

What j. B. sayre Says.
Evidently the public has not heard the
last of the Palmer case. much as has been
said and published concerning it.
Superior Judge Murphy of Del Norte
County was yesterday to have imposed
sentence on II. J. Palmer, convicted of
manslaughter, in killing Charles w.
Phleger, but on motion of a. L. Hart,
Palmers attorney, sentence was post
poned until this morning. At that time
Hart will present a motion for new
trial
This case has now assumed somewhat
sensational feature, one of the jurors
tJames B. Sayre) declaring that he con-
sented to a verdict of manslaughter only
after he had been subjected to personal
abuse and threats of injury to himself
and his business by other jurors. He
not only makes this statement. but has
sworn to an affidavit affirming its truth.
ALLEGED BULLDosING.
A. L. Hart and a. j. Bruner, Palmer's
attorneys, have filed the following affi-
davit of James B. Sayre in the County
Clerks office:
JdIl6S Ds DAY IS. OOluE AISb Ouly
sworn, deposes and says: That he was
one OF the jurymen empaneled in the
above-entitled cause at the last trial
thereof, that he was regularly accepted
and sworn as juror in said cause at said
time, and that he after having been ac-
cepted and sworn as aforesaid, acted as a
Juror in said cause, and heard and con-
sidered the evidence and Joined in the
rendition of the verdict against the de-
fendant in said cause, finding him guilty
of manslaughter.
'That after the retirement of said Jury
to consider of their verdict in said cause,
ballot was taken which resulted in eight
OF the jurymen composing said jury
voting guilty and four of the iurymen
voting not guilty; that after said ballot
was taken there was great deal OF dis
cussion and talk concerning said case be-
tween the members of said jury, and
after many ballots had been taken and
much discussion had, the jury. finally
stood eleven for conviction and one for
acquittai."
Further says affiant: 'Said jury re-
manned out about forty hours. and during
large portion of said forty hours all OF
said jury, except your attiant, voted in
favor OF conviction, and your affiant
voted IN favor of acquittal; that your at
fanJ was of the opinion that the prepOn-
derance of evidence showed that the de-
guish between right and wrong on ac-
coount Of said insanity at the time of the
commission of the homicide.
Among others of the jurymen who sat
in said case and joined in the delibera-
tions of said jury was one Van Zandt.
Said Van Zandt became angry at your al
liant because he would not vote against
his own opinion and in favor of the con-
vlctlon of the defendant in this cause;
and the said Van Zandt, while said jury
was deliberatlng, in great anger and in
q loud tone of voice, on the next morning
after the retirement of said jury, accused
your atfiant of having been bought; that
four or five Of said jurymen became very
rough in their demeanor toward your at
fiant; and at times attempted TO frlghten
him into rendering a verdict against the
said defendant; that the conduct of said
jurors toward your at1iant was such as to
excite him greatly aud make him very
nervous.
''That among other Jurors was one
Isaac Eldred, who, during the delibera-
uonS OF said jury, said to your atflant
that he was in the harness business, and
that 1T would not do tor affiant to stand out
for acquittal in said cause; that nearly
all of said jurors became very angry at
your atfiant, and used every means in
their power to irritase aud annoy him;
that in fits of anger they charged affiant
with beng inconsistent, and said Van
Zandt informed your atfiant in a fit of an
ger that he, Van Zandt, was as good
man as your affiant, to which your atfiant
replied that he would give said Van
Zandt as good as he had, and would stay
with him as long as he could, and that
afhant was not afraid of him.
THAT after atfiant had been abused in
the manner hereinbefore named by the
said Van Zandt and others of said Jurors.
affiant complained to them that it was
not right for them to abuse man in the
manner in which he had been abused be-
cause he was alone in the case. and
begged them to talk like men; that some of
said jurors accused affiant of holding out
for some consideration, whereupon one
Fuller, who was also juror in said case
came to your atlantis defense and de-
MED the charge made against atfiant
That your affiant was cowed by their
actions, and was afraid to stand out
longer than he did. for the actions of said
jurors caused him TO fear trouble; that
said jury retired to deliberate on Satur-
day evening, and on the Monday morn
ing following, after much abuse had
been heaped upon your affiant, some of
the other jurors proposed to fud a ver-
dict of manslaughter, if affiant would
vote with them in favor of such a YER
dict.
@"Your afflant thereupon proposed to go
down and see if the said Jury could not
be excused; that the court refused to ex-
cuse said jury, and sent it back for fur
ther deliberation: that thereupon said
jurors again began to talk to affiant,
whereuDon affiant stated 10 them that he
was still of the opinion that the defend
ant was innocent, but that to get rid of
the abuse to which he was being sub
jected he would vote for manslaughter
That at the time your affiant voted in
favor of manslaughter he did SO because
OF the abuse to which he had been SUBJ
jeeted by said Jurors, ana that he was
then of the opinion that the defendant
was innocent, and so declared to them:
that he voted in favor of said verdict of
manslaughter solely and only because of
said abuse. and because he feared said
jurors, and that he is still of the opinion
that the defendant was innocent.
"Affiant makes this affidavit because
he is requested to do so, and because he
believes that the facts here stated should
be known to the court, in order that in
justice may not be done to the defendant
JAMES i. SAYRE."
Subscribed and sworn to before me this
18th day of August, 1894.
WILLIAM, J. RENFRo,
Notary Public.