The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-15
MEDDLING WITH JURORS.
NEW JOURNALISM MIKES ITSELF a
COMMON NUISANCE.

This Time u sent Around to Interview TIE
Twelve sworn Jurors In the Tobacco Cems
pnny T~rini-Result, the Loss or nj Least One
pa, In Court ana More Delay MAY Follow.
No progress was made in the General Sessions
yesterday with the trial OF the officers Of the
American Tobacco Company for conspiring TO
restrain trade. Proceedings were halted because
n newspaper had sent one OF its reporters to try
to talk to the twelve sworn jurors chosen and to
publish what they said. The reporter called to
see each one OF the jurors. Three Of them, he
says, talked with him. One Of the three, VIII
liam J. Bryon, juror No. :. the oldest man on
the jury, was reported in the journal yesterday
morning as having talked about the case on
trial. District Attorney Olcott sent for the re-
porter yesterday and got an affidavit out OF him.
When court opened Mr.. Olcott said to Judge
Fitzgerald:
IL your Honor please. a matter in reference
to this case has been brought to my attention
which l think should be investigated. The coun-
sci for the defence join me in asking for an adj
iournment Of half an hour"
The request was granted, and the recess was
aftorward protracted to 2:30 o'clock p. N.
When court reconvcned Mr.. Olcott said:
Your Honor. l regret that any circumstances
should arise that would lead u juror to talk
about this case, in violation of his Instruction..
Such Il circumstance has occurred. however, the
evidence OF which | submit in this affidavit,
which | ask Your Honor TO read. Upon that
affidavit | move that juror No. : he excused"
statement:
The defence objects to The granting Of that
ilcgc of cross.eXamining the afiiant,
The District Attorney was perfectly willing
should be eross.examined. and called " to the wit:
ness stand Thomas NJ. Piper. To Mr.. Rollins,
who sSndn ,Sas bs the Sss s s', reno9,sp ii ne the sSp TtS
Of the New York Journal. He said that on
sunday no had been assigned By the assistant
city editor OF the paper, a Mr.. Anderson,
We're TO TRY try the @embers Of The 4m aeHt
had spent sunday, and whether or not they had
been followed by trust, detectives. When he
sitting in All easy chair at his residence. reading
the sunday papers: In the course of conversa-
case, the American Tobacco Company refused
to sell its goods to a number OF Jews, and that
Isny.' 7 The Exporter said adj that M. Bryon added dta
that he couldn't see why n person or company
pleased. The witness also called on Juror Fash.
All that Mr.. Fash said was that. being a veteran
he could have been excused from jury duty had
he shown his papers; but that, having served
the State as a soldier, he was willing to serve
Mr.. Rollins brought out the fact that the law
firm Of Einstein 4 Townsend, which has rela-
tons with the National Cigarette Tobacco Com
pany, the concern that brought about the indict-
ment OF the officers of the American Tobacco
Company. are the counsel for the Journal. A
question whether the witness in asking Juror
Fash IL trust detectives" were following him
was not attempting to influence the juror was
ruled out. Mr. Choate asked that the Court
suspend its ruling until counsel could be heard.
This man" said MIR. Choate. makes suspi-
cious statements. and he was sent on that sum
day. mission from IA suspicious quarter. We
wish TO find out something about the credibility
of this Witness"
Judge Fitzgerald held to his ruling. Mr.. Bry-
on was then called. He denied that he had said
most OF the things published in the JourndFs
story, and said that, instead Of the interview
lasting an hour. as the reporter had said, it last
ed only about twenty minutes. All the while
the man was talking to me" said Mr.. Bryon, II
was trying to get rid of him. ! didn't want him
around"
On the motion to excuse Mr.. Bryon. Judge
Fitzgerald reserved his decision until this morn
ing. The case will go on at 1870 o'clock.