The Redwood gazette. [volume] (Redwood Falls, Minn.) 1873-1940, 1894-03-08

believed that there was space of ten
minutes but he had no knowledge of
any juror leaving the court room.
The next lot of affidavits was to
prove that one of the jurors, Joseph
Gag, cannot speak nor understand the
English language properly. R. G.
Gilmore, a brother-in-law of Gags.
averred that the juror could not un-
derstand English unless spoken very
slow. Henry Schneider did likewise,
adding that Gag did all his business
in German. Gag himself, in an affi-
davit, swore that he always spoke
German,that he could not understand
or speak English, could not under
stand the evidence nor the charge of
the Court. The attorney pointed to
Supreme Court decisions to show
where new trials had been granted for
this defect in the jury alone. He then
took up the matter of intoxication of
the jurors. saying that the affdavits
he was about to read were disgrace
full to the jurors, and that on them
the jurors ought to he tried for con-
tempt of court. The first one read
was from II. E. Greene. He swore
thot Jurors Pickle, Torrey and Hill
lensheim drank every morning, noon
and evening. He saw some of the
jurors intoxicated, Saw Pickle intox-
icated every night; he saw him with
j. A. Beard, F. I. Gleason and J. L.,
Byram, Beard taking particular pains
to be with Pickle alone. Pickle was
intoxicated every morning before he
went to trial in the cause. Oliver Du-
wald swore to similar statements.
An affidavit from j. E. Hodson had
it that he went up to the court house
to see whether the jury had agreed on
the verdict on the night the case was
given to it. He saw the bailiff and
some of the jurors going to the out
house. He went up stairs, listened at
the jury room door, and heard Juror
say that Romnes had been pointed out
to Mrs. Schneider in a hotel, and that
q. S. Grant had been run in Madi-
gan's Office to sign Romnes' name for
the purpose aof deceiving Mrs. Anna
Schneider.
John Samson averred that he saw
Pickle drunk. stupidity drunk, SO that
he walked around foolishly. He was
as drunk as a man could be, said the
afhant. He made some very foolish
expressions while in this condition.
He saw Beard treat Pickle to gener-
Gus drinks of intoxicating liquors.
Mr.. Pierce cut in here and re-
marked 1--WE have plenty of afidavits
here from honest men to show that
Pickle was not drunk"
John G.. Wagner, living two and a
half miles south of Lamberton, thought
that the jurors all drank intoxicating
liquors, and averred that they were
generously treated by DR.. Beard and
other witnesses for the State; that
Pickle was drunk one night, acted
foolishly, silly and did not go to bed
until late, and his eyes showed exces-
sive use of drink. He saw F. w. Phil
brick, G. F. Thompson and Mr.. Pierce
retire to a room in the Union Hotel,
after which Beard and Pickle left to-
gether, and he did not see them un-
til they all came down.
Frank Holznagel knew Pickle, Tor
rey and Hillensheim, and knows that
they drink intoxicating liquor, accord
ing to bis affidavit. He averred that
they we're gratuitously treated by
Beard and other witnesses for the
State, outspoken enemies of Madigan.
Pickle was associating with witnesses
for State and drank excessively of in :
toxicating liquors, and took part in
conversation on the case associating
Romnes with Grant, according to the
affidavit.
P. D. Rafferty, made affidavit that
while going home with Pickle and
Heimerdinger on Jan I'd, he heard
Pickle say that Madigan must be do