Evening journal., 1896-03-09
SPECIAL JURY TANGLE.
Foreman Wilson of the Sc
ward Jury Sick in Bed.
CASE GOES OVER TO THURSDAY

Jurors who Iwere Sick. Absent and Ex-
cused Reduced the Special Panel In the
Daniels Case-one Juror Drawn to
Serve in Both Caseo-The Lieblx Com
pany VIII BE on the Defensive This
Afternoon.
When Superior Court met this morning
there was one vacant chair In the box Of
jurors drawn TO try the case of Seward
VS. the city OF Wilmington. The court
was informed by Horace q. Knowles, Of
counsel for the defendant, that Foreman
Wilbur F Wilson, of Newark, was sick
in bed Charles Evans a member OF
the bar whose home Is In Newark, gave
the court the particulars Of Foreman
Wilson's illness.
This information Immediately led 20
confusion Lswyers and witnesses in
the case were present and the court
asked counsel II they were willing to so
on and try the case with the eleven
jurors In the box. Neither side would
consent to that This left no course
open but TO carry the Seward case over
until tomorrow or such time as Fore
man Wilson shall be able to attend.
Then Lewis O. Vandegrift counsel for
the defendant in the case of George A
Daniels vs. the Llebig Manufacturing
Company, asked that the jury be drawn
from the special panel summoned To
this John Biggs, for the plaintiff, OBJ
iected, saying that he bad seen several
bad results from jury being drawn
several days be fore the trial. In his
opinion II would not be fair to his client.
rTf. l. Ii -.
obiecting to such a course.
There are reasons that | would rather
not disclose, said Mr. Biggs.
81 would like the gentleman to dis
close his reasons" said Mr.. Vandergrift.
IL stand upon my right in the matter,
said Mr.. Biggs, land that is that the
Jury be not drawn until the case is about
to bs taken up for trial.
Mr. Vandegrift-"It is not srightf"
Mr.. Biggs-"It may be feur or five days
after this jury is drawn before we can 20
into trial. My objection is to the draw.
ing OF the Jury until we are going to try
the case, and 1 suppose that is right
which belongs TO me-"
Court-"We will draw the Jury and
we will 60 on with the case. This Jury In
the Seward case will be discharged until
tomorrow morning, anyhow"
Mr.. Biggs-"It will take me an hour
to get my Witnesses here. l had no idea
that this case would be called to day.
don't suppose there would be one person
In O Thousand who would have had his
witnesses here as A precaution. Why
not give me until 80 o'clock2'
Mr.. Blrd-'l sm associated with Mr..
Biggs In this csse. There Is no doubt on
earth that this cease would have taken
uutil Tuesday night, but for this unex.
pscted sickness OF juror and
| told Mr.. Biggs so. l suppose he
| acted upon my advice. or took It for
granted that my statement would prove
true 1t is utterly impossible for me to
try two cases ct once. / can't try the
LIebig case at 2 30 and take up this
Seward case sgain TO morrow"
Court-"Mr Bird, you took the risk. "
Mr.. Bird-"Do you suppose would
have gone In with Mr.. Biggs had
imagined for one instant that this
condition would have confronted meY
Look at the injury you do my client in
the Seward case II you take this Liebig
case up and let the other 90 for three or
four days. Are We not entitled to bring
these Seward jurors back every day until
Mr. Wilson gets welli / would suggest
to Mr.. Biggs that We draw the Lieblg
jurors and then discharge them"
Mr. Vandegrift-"Mr. Blggs has been
handling this :case all along, and did
not know that Mr. Bird was In It.
The situation Is thus: these
gentlemen knew that this case was fixed
for to-day. On last Friday afternoon
came here aud inquired whet her
NN, Mt
Monday l was informed that It would
be finished on Tuesday We are ready to
60 on. We are entitled TO have our Jury
struck With that statement iof facts
leave Il to the court and ask It to protect
rs in our rights
II WAS finally decided to draw the Jury
Jurors and witnesses 10 the Seward
case we're discharged until Thursday
morning at 10 s'clock, and the work OF
selecting jury TO try the case OF Daniels
vs.. the Liebig Manufacturing Company
WAS begun.
When the special panel was called Il
was found that James w. Denuing and
William r. Wilson we're sick, and
| Andrew Webster and Arthur Jackson
absent. Alfred D Bird was called but
excused on account Of advanced years
L huu ueullllls ArhaC D. WoOua WAS
already serving as = Juror In the
Seward case. and, taken altogether, II
was one Of the worst special Jury tangles
In the annals Of the Superior Court.
After q great amount Of talk It was
decided to 20 or and draw the jury
lThose selected were as follows; James
A. Mulllgan, Joseph Whittoek. Isaac j.
Woods, Joseph B. Deakyne, Clayton
Sentman. Lewis Il Lyman, Daniel Cush
Joseph P. Chandler, William White,
Joseph Heisel, John Nivsn and Arthur
jackson.
Challenged by the plaintiff Eber
Tslley, Edward Woodward, Robert
Mothersll
Challenged by the dsfense-I Frank
Eliason. Il. II. McMullen, Ira G. Nc
Laugblin
EScused-Rufus Stewart and Alfred
ID. Bird.
Absent-Audrew Webster,
Sick-James w. Denning and William
b. Wilson.
The jurors were sworn and discharged
until 80 o'clock this afternoon, being
cautioned not to talk to or permit Others
to talk to them about the case. Similar
cRufion WAS given the Seward Jurors