The record-union., 1896-03-27
THAT LOQUACIOUS JUROR.
II Was ". 4. Kennedy Who Talked
With Barrett.
But 1t Does Not Appear That Their
Conversation Was at ALI
Harmful.

Some testimony was taken in Judge
Hinkson's court yesterday IN the mat
ter of the alleged contempt or M. Bar
rett, who had talked from the OUTSIDE
with a Juror in the Barr burglary case
the other day. The matter was then
continued until the 9th of April, when
ali the jurors will be in court TWO OF
them being absent yesterday
The affidavit on which Barrett was
cited to appear was made by Deputy
County Clerk E. F. Pfund, who did not
hear any Of the conversation that mad
passed, but whose attention was called
to the fact by Ed. Johnson. Mr.. Pfund
was informed by Judge H1nkson that
1t was his duty, as an officer OF the
court, to make the accusation on IN
formation and belief, and he did SO
under such instruction. The fact was
developed at the hearing yesterday,
however, that Judge Johnson, from his
chambers. overheard at least portion
of the conversation between Barrett
and the juror, as did his brother.
E. B. Johnson testified that Barrett
looked up at the window of the jury
room and asked someone there, How
do you stamd?" The reply came back,
"The same as we did yesterday (when
Barrett was on the jury in another case
with the juror to whom he was talk
ing)."
Barrett held up one finger, and then
two. as if TO indicate that he under
stood, and then he asked the juror If he
had anything to eat.
Superior Judge Johnson testified to
having heard a man in 'front.' of the
Courthouse ask someone upstairs II ne
had had anything to eat. He heard no
inquiry made as to how the jury stood.
Deputy County Clerk Pfund had no
information to give the court beyond
the Fact that his attention was called
to the situation, and he saw an old man
named Henry Scaper talking with
someone upstairs. He did not hear
anything that was said, but told Scaper
that he was doing wrong and advised
him to go away.
Scaper told him that a juror had
simply asked him what was the time.
The jurors in the Barr case were then
called by District Attorney Ryan for
examination. ellis Doty said all he
knew of the affair was that at differ
ent times during the afternoon mem
bers of the jury went to the window,
but he did not hear any of them talk
with anyone on the outside. There was
considerable discussion going on in the
ilIry-room most of the time.
w H. Kennedy, the offending juror,
admitted that he went to the window
and asked Scaper what time of day it
was Scaper replied that it was five
minutes to ] o'clock, and asked the wit
ness if he had had anything to eat.
Jurors George Hack, George Higgs,
J. F. Schultz, G. w Walworth and S.
Stein were all examined on the same
subject Some of them remembered
hearing something said by some juror
at the window, but could not say what
it was, and none of them paid much
attention to it.
Two members of the jury were not
present at the hearing yesterday.
Henry Scaper testified that as he was
ascending the Courthouse steps some
one at a window up stairs asked him
the time of day, and he told him, ad
ding that he had just had his dinner.
He did not see the man, the shutters
being closed.
]. H. Coyle said he was talking with
party of men on the Courthouse steps
when someone from upstairs, addressing
the crowd, asked What time is it?' One
of those present answered, and asked
How do you stand?" but he could not
tell who it was Henry Scaper and Mr.
Barrett were present, but he could not