The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1898-03-04
PROSECUTION MAY FOLLOW
FRIENDS OF IL. G. LUM THINK HE
DID NOT COMMIT EMBRACERY.

Talked With Juror Todd Concerning the
Clayton VIII TriaI-The Jury Discharged
Yesterday Morning and abe Trial ALB
ruptly Terminated-No Warrants Issued
Last Night but May be To-day.
The trial of the Clayton will case,
which has been going on in the civil
side of the superior court for about
three weeks, was abruptly terminated
at noon yesterday by Judge Wheeler
discharging the jury. In discharging
them the judge stated to the jurymen
that something had occurred of which
he was not at liberty to speak, but the
nature of which was such that they
could no longer try the case before the
court.
1t later developed that the some
thing Of which the judge spoke was
that one of the jurymen had been
talking outside about the case. The
juror who had been talking was John
b. Todd Of Wolcott, and the man with
whom he had been talking was Benja-
min G. Lum, chief clerk of the New
Haven Savings bank. Absolute secrecy
concerning the case was preserved yes
terday and last night by Judge Wheel
er, State Attorney Williams, his as
sistant, Mr.. Wheeler, and City Attor-
ney Brown. Judge Wheeler refused to
say whether or not any prosecutions
would follow and also refused to state
whether or not the jury had been dis
charged because one Of the number
had been talking with outside parties
about the case He said that he did
not care to talk at all about the mat
ter. Mr.. Wheeler, the assistant state
attorney, also refused to talk. He did
say, however, that in case prosecution
was brought 1T would be brought by
the city attorney, following the same
mode of procedure customary in GRIM
inal cases.
City Attorney Brown stated late last
evening that no warrant had yet been
issued for any one charging attempt
to influence the jury, nor for any jury
man for talking about the case with
persons not members of the panel. He
refused to say, however, whether or not
warrants would be issued to-day.
A representative of the Journal and
Courier called at Mr.. Lum's residence
on Compton street last evening to see
informed that Mr.. Lum was i'll, pros
trated by worry at the unfortunate po-
sition in which he is placed. A mem
Der Of the family stated, however, that
Mr.. Lum had stated that he was inno-
cent Of any intended wrong and that
he had said that at the close of his
talk in the forenoon with Judge Wheel
err the judge had assured him that he
did not consider him guilty of an in
tended criminal act.
Mr.. Lum refused to make any state
ment about the matter. 1t was said by
member of his family that he had not
secured an attorney.
1t was learned last night that Judge
York, counsel for those who are en-
deavoring to break the will, first learn
ed Wednesday evening that Juror
Todd had been talking with Mr.. Lum.
He did not know that Mr.. Todd had
been talking about the case at trial
and hesitated about speaking to Judge
Wheeler concerning the matter. Yes
terday morning, however, he decided to
speak to the judge, and did so, with
the result that both Mr.. Todd and Mr..
Lum were summoned into the judges
office, where they remained closeted
for about an hour. Judge Wheeler ev-
identity learned in his talk with the two
men something which convinced him
that they had been talking about the
case and confirmed the suspicious of
Judge York, for after, leaving his office
after talking with the juror and Mr.
Lum he discharged the jury.
City Attorney Brown had a long con-
ference with Judge Wheeler yesterday
afternoon and later with Assistant
State Attorney Wheeler.
Section 1900 of the general statutes
reads as follows: Every member OF
the jury empanelled to try any case
who shall converse concerning the
same, before such discharge, with any
other person than a member of such
panel, shall be fined not more thar
500, and on the trial Of any prosecution
for violating this section any person
shall be compelled, as witness, tt
make full disclosure of his knowledge
of the facts, which shall not be used
against him"
THE HOWLS OF A DOG