New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-03-24

+oox his .eat on the bench at 10:45 O'Clock Colonel
Fellows the District-Attorney. came In Few min
utes later and held hurried consultation Then
Assistant Dstrict-Attorney John D. Lindsay joined
the conference. II rumored that there was
trouble In regard Of the Jurors.
Colonel Fellows and said May It please
Your Honor. Information has been brought to the
counsel for the people in the form OF an afhdavit
Justice Smyth said he had read the affidavit. and
asked that 1t be shown to Colonel James. The
latter read affidavit, and said he had no sugges-
tons to make Colonel Fellows then said the afr
davit stated that Of the Jurors had expressed
decided opinion the case and that II that was
so he was not competent as a juror.
The affidavit" said he, has been sworn to by a
person who was present I reluctant to designate
the name Of the juror and yet II is necessary. l
ask that all the Jurors. with the exception OF NO p
retire for the present"
Juror No. was George G. Cray, who Is IN the
lumber business and lives No. 720 Third-ave. The
other Jurors retired and Mr. Gray called to the
stand.
Colonel James asked that the affidavit be not re-
ceved evidence, and Justice Smyth overruieo
him. II will hand the affidavit to the juror. said
Justice Smyth land see what ne has to say about
IT,"
The affidavit was then handed to the juror. and
ne read 1t carefully. 1t was made by Thomas NJ
Conklin Of No 116 Wal-st.. and set forth that the
Juror had said. In regard to the Lexow investiga-
ton. that ne did not believe police captains who
took brides should be punished.
Il never said that" Gray asserted. in reply to
Colonel Fellows. who then asked the juror II he
had not said that ''he not sure but II he
were in the captains place he would do the same
thing himself -
never said such shins said NJ Gray =. s sDS
Conkln used TO have conversations about the
Lexow Committee. "Conklin was Republican and
I was a Democrat he said, "and we used to
talk about the Lexow Committee during the pro-
ceedings and afterward. Whatever We said was
not intended seriously. We used TO joke about
the Lexow Committee. l never made such re-
marks. though $500
affldavit was handed to him, and he said It was
correct in every particular.
WAS there any joking going on when you nad
the conversation with Mr.. Gray! asked Mr.. hoi-
~ couldn't say" replied Mr.. Conklin. I'VE used
TO Joke together sometimes. But when he made
the statement repeated in the affidavit. II was
made in the heat Of political discussion which
Justice Smyth in giving his decision as to the
competency Of the Juror said he did not think
tfat the Juror had any corrupt intention IN whai
was attributed to him In these discussions. i
think however" he said. that II Is proper FOR me
10 set aside the Juror. .....,
Istice Smyth added that the remarks attributed
70 me Juror were made long time ago. and there
was no evidence 10 show concusively that they
who left the courtroom Immediately: ..o
The trial was adjourned until to-day al lVO
o'cIock 10 allow talesmen TO be summoned so as
~ All The vacancy in the jury The eleven remain
ing iurors were taken back to the Broadway Cen
trail Hotel in the charge Of court officers