New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-02-20
LEVY CASE ENDS ABRUPTLY.
A JUROR SAYS HE WAS APPROACHED
IN THE COURSE OF THE TRIAL.

JUROR NO. 4. MIR. sTETsoN. ACCUSES DE LANcEY
NIcOLL OF TRYING TO STOP THE CASE BY IN
srIGATING PEOPLE TO APPROACH JURORS
MR. NICOLLs INDIGNANT DENIAL.
The trial to determine the mental condition Of
Daniel Levy. which has been going on for sew
eral days before Justice Bookstaver and jury
in Part VI. Trial Term of the Supreme Court.
came to an abrupt end yesterday afternoon. 1t
is alleged that Levy = insane on the subject of
his love for Mrs Harriet Lehman and that he
has annoyed her for fifteen wears. quantity OF
expert testimony was taken at the morning ses-
sion, and court reconvened after re-
cess Justice Bookstaver had consultation with
the lawyers on both sides. Then ne made the
following announcement:
Gentlemen of the Jury, regret to say that
Juror has just informed me that since the case
was adjourned at noon he was approached by
person whom he cannot at present identity. IN
der this circumstance It would be manifestly
improper for me t. allow this case to proceed l
do this with deep regret, but cannot DO other
wise as the OF justice demands that l dis
charge this jury. want to express myself TO the
counsel on both sides that exonerate them from
any blame In the matter. | also exonerate juror
No from any blame lie acted honestly and for
the best. and came to me at once and said he
had been approached Gentlemen, you are dis
charged"
BEFORE the Jury had time 10 leave the box. Mr..
Stetson, Juror No. 4. arose and said: Last night
a person came TO my house and, in my absence.
talked 70 my wife and asked her number OF I'M
portant questions. / have an idea where that
person comes from want to ask Your Honor
II. when | am serving on jury and any one
m ma
discharging the jury and Withdrawing the case?
Not aIw ays" replied Justice Boolstaver.
"Gentemer you are discharged" again said
Justice Bo)kstaver.
The fury left the box. Great excitement pre-
vailed While Justice Bookstaver was taking the
affidavit Of Juror No. ). Mr. Stetson approached
De Lancey Nlcoll and said: Now that the case
is all over Mr. Nicoll | want to say that and
others on the Jury think that when you saw
the case was going against you you insiigated
these people to approach the jurors so as to ehd
the case in this way.
That is too contemplate to answer" said Mr.
Nicou. who then turned on Mr. Stetson and eX-
claimed: You remain in the room: may want
to see you
'lf YOU want 10 see me you can come to my
Office" retorted Stetson and he left the ROOM
After Justice Bookstaver had finished with
/ D.
Court said while the Court was engaged IN
taking the affidavit Of juror NO was standing
in close proximity to Juror Stetson. lie ap-
proa ched me and stated that he and others or the
iurv believed that | instigated persons 10 ap-
| rroach the Jury when | thought that the case
was going against me. | have been too long a
member of this bar to allow any juror TO cast
such an imputation on me. II Is a great lnsul,
and desire TO call il to Your Honors attention.
Justice Bookstaver directed that Stetson should
be brought before him. but he could not be found.
Then Justice Bookstaver said:
"Mr Nicoll, put the statement you have just
made TO me in the form of an affidavit. and l
will sign an order and place il in the hands OF the
Sheriff directing Stetson to appear before me to-
morrow a.
This Mr.. Nicor did Mr. Holm asked that Mr..
Levy be allowed TO go home in the charge Of his
friends Or Macy, superintendent Of the Ward =
island Insane Asylum. objected and Justice
| Rookstayer said that he had no power TO allow
thi, and Levy was taken back 10 Wards Island.
The case will be sent back to Justice Dugro, In
Special Term who will assign the case to new
trial term.
Before the court adjourned Justice Bookstaver
said that he wished to exonerate Mr.. Nicoll from
any blame in the matter and complimented him
on his conduct. Mr.. II Hom arose and said that he
wished TO exonerate Mr.. Nicoll from any suspi-
cion of blame. He said: Il have known Mr..
Nicoll too long even to suspect him or improper
conduct"
Juror No. 5 Mr. Sprc"n. who lives at No. JAP
Third-ave. declined to discuss the matter He
said: Il have nothing TO say about the matter.
am sworn to secrecy l told the Judge all
| know and have nothing to say.
Justice Bookstaver said that the counsel on
both sides wanted to continue the case. and that
he had closed It entirely on his own responsibility