The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-04-27
TOO JEALOUS 4 JUROR
Went Hunting Evidence By Him
self Herman Lays S25,
900 Suit Ends in
Mistrial.

The suit of Herman N. Lay to recover
600 from the New Jersey Central Rail-
road for the killing of his father the
trial CT which was begun ON Friday, came
to an abrupt termination this morning.
Lawyer Holmes, who is associated with
ex-senator Edwards for the defense, hap
pened TO be in Bayonne yesterday at the
scene of the accident, and was surprised
to see one of the jurors there viewing the
surroundings and taking measurements.
Mr.. Edwards called the attention of the
Court to the fact this morning, and asked
that it be declared a mistrial. Mr.. Edwards
argued that the juror in question had pos
sibly obtained evidence which was not
properly in the case, and which would
doubtless be impaired to the other jurors
when the case was being considered. Coun-
sci had no knowledge as to whether the
evidence would be favorable or adverse
to the defendant. but evidence obtained
in that way was manifestly improper 1t
would introduce an element to the jury
which was not properly in the case In
addition to this, relatives of another juror
had talked about the case and had been
heard to say that the plaintiff had a
good case.
jeeted to mistr.al being declared. He
said that counsel on the other side only
charged an irregularity on the part of the
juror, and it seemed that what the Juror
did was done with a sincere desire to full
Ill his oath and render verdict in ac-
cordance with the facts. He suggested
t!ia tnat the entire jury be made a jury Of
vleW, and be instructed by the Court to
examine the PREMISES and surroundings
ana make measurements. as one of their
NUMBER had done. The juror, Mr.. Parker
sald, had done just the proper thing. 1t
was soundness of judgment on his part
anu showed desire to do what was right
1t was simple irregularity.
Mr. edwards said there would have been
no objection to jury OF view before the
case was commenced, but at this stage
Of the trial It would be manifestly un-
fair The daty was forced upon him to
say that. the jury would necessarily have
a prejudice on account of the challenge
ana the rights of his client would be
Jeapar.z .zed. Justice Lippincou directed
the jury TO retire. When they had re-
tired into the recesses of the jury room
Justice Lipincott said he could not see
how the Court could prevent any juror
cause ne might live there or be obliged 10
pass It. But when a juror goes purpose
~ TO make measurements he gets impress
slons which he is very apt to convey 20
the minds of the other jurors He OBJ
tained evidence which was rot evidence
properly presented to the Court and jury
iAehe ~ Oily one way Jurors must obtain
evidence and that is when 1t is properly
presented to the Court and jury in the
presence of counsel
Mr Parker suggested that the trial
M ght go on with eleven Jurors. Justice
Lipplncott said yes with the consent Of
counsel. Mr.. Edwards declined to con-
Sc sent u On n the ground he had before advanced
JUDGED by the challenge
Justice Lippincott ordered a naistrial He
sala thai while the Court was satisfied
on the part of this particular juror. he
desired to call the attention of all the
evidence but what is properly presented
In Court. and they must not allow any
one to speak to them about a case The
slxtn Juror was directed to withdraw and
down aga:n for next Monday. but it may
not go on then, as Mr. Edwards has made
an application for a struck jury.
The name Of the juror is Randolph B.
Sailor He lives in Bayonne