New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-05-23
FLEMING JURY INCOMPLETE
c. C. HAIGHT EXCUSED BECAUSE OF
PRESSING PRIVATE BUSINESS.
TIE DEFENDANTS NEUTRALITY-SUSPICIOUS. JUROR
BAY LEAVE TIE BOX on ACCOUNT

TIE DEFENDANTS NEUTRALITY-SUSPICIOUS. JUROR
BAY LEAVE THE BOX on ACCOUNT
OF ILLNESS.
Although twelve Jurors had been sworn to tr!
the Fleming case on Thursday afternoon. there
were only eleven men In the box when Recorder
| Golf adjourned Part II OF the Court OF Genera
Sessions yesterday afternoon and another mar
possibly may be missing when the court Is called
TO order again next Monday morning. Charles G
Haight the architect who was Juror NO g. was
excused yesterday. because his detention In tho
jury-box would delay important building operations
IN the city and throw many men out OF work; and
Edward H. FREDERICK Juror No. II, was so III that
there was talk OF excusng him.
Mr. Friedrich late in appearing In court
yesterday and when he arrived he was pale ana
evidently Ill., He said he was suffering from an
attack Of malaria, and the Recorder granted
recess to allow him to get some medicine. He
wanted to be excused. but after a consultation Il
was decided to keep him In the jury until Monday
in the hope that his health would improve
Mrs F1eming's counsel made the motion TO ex-
cuse Mr.. Haight. and presented an affidavit signed
by her stating she had been Informed that Mr..
Haight was occupied by business AFFAIRS that
his mind would be distracted. and she feared that
he would not be able 10 give proper attention 10 her
case on the trial That was done IN order to pre-
vent the defendant from taking any technical ad-
vantage OF Mr.. Haight's discharge in the event Of
her conviction Her AFFIDAVIT also stated she had
been Informed that a large number OF men would
be thrown out OF employment and lose their wages
~ Mr. Haight was Obliged TO juror in
the trial.
The Recorder read the aHliav.. and then sum
moned Mr. Haight to the witness stand. The latter
represented TO the Recorder substantially what
in the AFFIDAVIT and said that his business affairs
were so pressing that he would not be able 10 give
the evidence proper consideration his mind would
be distracted.
This is a very exceptional case" said the Re-
corder "and am oath to act. but In view Of the
exceptional and extraordinary features am in
cned to grant the request Of the defendant. must
frs; ask Mr. Brooke does he consent discharge
the Juror"
Mr. Brooke OF counsel for the defendant said hc
was sorry lose the Juror. but that he consented
10 excuse Mr.. Haight Counsel then made formal
motion for the discharge OF the Juror. Assistant
District Attorney Mcintyre consented and the
Juror discharged by the Recorder
Mr. Haight smiled with relief az he loft the stand
He bowed 10 his fellow-ju Jurors who looked NJ him
enviously. and also to Mrs Fleming. as he lcf, tho
court.
The search for Juror 20 III his place vas begun
at once. and continued until late In the after
noon. when the panel was exhausted Many tales
men were excused by consent" without any reason
apparent 10 onlooker, and IN only TWO cases was
there an apparent attempt on either side 20 force
the selection OF a talesman. In case a man
was satisfactory 10 the prosecution and was chal-
lenged by the defence and In Tho other case "A man
was wanted by the defence but Wa chall.ngcd hy
the prosecution When all the tafcsmcn I'm court
had been excused examined and rejected. Re-
cordcr Con- adjourned the court untn Monday when
the task Of completing the Jury Will be resumed