The evening times., 1898-11-12
MOTION FOR A new TRIAL
Attorneys for John Price
Present Arguments.
MISCONDUCT OF THE JURY
Reasons Advanced by the Defend
ants Lawyers-Many Decisions
the Case-AIIegcd Action OF the Ju-
rors the Chief claim for Retrial.

Argument on the motion for new trial
and arrest of judgment in the case Of
the United States against John Price who
was convicted Of grand larceny in Criminal
Court No l two weeks ago, was begun
this morning before Chief Justice Bing-
ham, OF the Supreme Court of the District
of Columbia.
The defendant, John Price. his bonds
man, Robert ]. Menair, and his attorneys.
A. J. Rose, of New York, and Andrew A.
Lipscomb, of this city, were in court early.
The argument was opened by Mr.. Rose
for the prisoner. and was followed by
District Attorney Davis for the Govern
ment.
The petition of the defense for new
trial was based on thirteen grounds,
which, in his argument MIR. Rose sepa-
rated into three classes: That it was err
ror of the court TO permit the jury to
view the premises where the larceny was
alleged 10 have been committed in the
absence of the accused misconduct of
| one of the jurors in the jury room; and
| lastly alleged misconduct OF the govern
ment'S attorney while pleading to the Ju-
ry. In support of the first proposition
| Mr.. Rose quoted from opinions by Mr..
| Justice Shiras and Mr.. Justice Harlan, of
| the United States Supreme Court, who
| held that it is not within the power of
! the prisoner or his counsel to waive the
! right of the accused to be present at all
| times during the progress OF the trial.
In response TO the alleged misconduct
| of the foreman of the jury, Benjamin
| f. Harper. a number of affldavits of 9TH
er members of the jury. besides Douglass
| Thompson, were submitted. Thompson
few minutes after leaving the jury
room, stated that Harper had said that
| he had been a member of the police
| force and knew Price, and that he had
no doubt his (Price's) picture in the
| rogueS gallery over across the way,
| meaning police headquarters. In rela-
| ton TO this statement, Juror Charles +.
| Merkel says: Something was said by
| one of the jurors that the foreman had
been on the police force, and that the
| foreman (Harper admitted that he had,
! and that he had no doubt it prices pic
| tureD was on file there, at police head
quarters" John j. Curran, another ju-
ror. stated that one of the jurors said
| he believed that Price could reach the
satchel with his hand. but that often
! criminals carried tools TO help them but
| no statement that Price had tools"
that in the juryroom the foreman (Har-
PER- stated that when the police force
he (HarperD had heard of Price"
The counsel for the prisoner contended
| tnat while this evidence was not corrob-
| orative in whole of the statements OF
| thompson 1t goes 10 show that the sub
| Ject-matter of his affidavit was discussed
in the juryroom.
The other members of the jury deny
most emphatically that Harper used the
| language attributed to him by Thompson.
| Mr.. Davis, who followed Mr.. Rose, op-
posed the motion citing the action of the
court in New York in the trial of Martin
| Thorn for murder. IN that instance the
jury was permitted to view the premises
where the crime was committed In the alb
sence of both the accused and his counsel
The Thorn case was appealed on this
ground and the higher court confirmed
the judgment Of the trial court
| Mr.. Davis also cited numerous other
authorities on this point and the other
grounds for the motion for new trial