The herald., 1897-12-11

| told him that Compton was not guilty,
but that Howard was. He further stat
ed that Judge Smith did not want
Compton convicted, and that he (McIn-
tyre) knew what he was talking about
Milsap answered: II don't believe any
such thing and would not unless Judge
Smith told me So" as he knew that the
court would not make any such state
ment Of intimaton.
George A. Longfellow, the juror who
caused Frank r. Nicholson to get fined
$500 with an alternative of $50 days in
the county Jail, says: "On the evening
of the Sd of December, after the case
had been submitted by the court to the
jury and while it was under consdera-
tion one c. I. Mcintyre, another Juror,
called me from the court room of De-
partment one, where we were then con-
Sidering the case We had about given
up for the day. and were preparing to
retire. He said to me: Can you keep
secret? and 1 said: 1T Is according to
what kind of q secret it is. He replied:
I got 1t straight from Marsh that Judge
Smith told him that he believed that
Compton was innocent and wanted to
acquit him. I answered: I don't be-
lieve it and wouldn't unless Judge Smith
told me himself I then left the room
and retired to bed and had no further
conversation with MoIneyre In regard to
the case"
The way Foreman Mcintyre tackled
Richard Quinn was still more original,
and he scared extensively in the realms
Of imagination. Mr.. Quinn was walking
with Mcintyre on one Of the days of the
CO IL -
exact date of which affiant does not re-
member, and Mcintyre said to him:
Now, on the square, I want to tell YOU.
You saw Judge Smith and me walking
down the steps together at noon?"
Quinn answered afflrmatively and then
Mcintyre told him that Judge Smith
had said to him that Compton was not
guilty. Af,iant did not wish to have any
conversation with Mcintyre about the
case until it was finally submitted and
did not reply to the remark. Quinn fur
ther AYERS that he was informed that
Mcintyre told some OF the other men,
bers of the jury the same thing, but
claims not to know 1t of his own knowl-
edge.
Judge Smith issued bench warrant
for McIntyre's arrest yesterday fore
noon, which was placed in the hands of
the sheriff for service, defendants bail
being set at $500. Under Sheriff Clement
shortly after found his man and took
him prisoner
Bailiff A. w. Marsh when asked what
he had to say about the affidavits, re-
Piled with great warmth: as it likely
that I, who have earned my living for
many years as q deputy sheriff in De
partment one, could be capable, leaving
my integrity out of the question for one
moment, of such idiotic conduct as that
old fool Mcintyre ascribed to me? All
I have to say is that his statements to
the four jurors concerning me are un-
equivocally false and without founda-
tion. Mcintyre is q contemplate old
liar! Look how he has dared to drag
even the Judge into his fairy tales. felt
some little compassion for the worn out
old soldier before, but now
Here Mr.. Marsh broke off into few
epithets which it Is unnecessary to print,
and he expressed q desire to do some
thing to Mr. McIntyre's neck that would
very much discommode that individual.
At 2 o'clock in the afternoon Mcintyre
was brought into Department one by
Sheriff Burr. No formal proceedings
were had at that time, Clerk Logan
merely handing copy Of the af1idavits