The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-03-12
JUROR LOST HIS MEMORY.
FELL IN A FIT IN THE JURY ROOM
AND FORGOT THE EVIDENCE.

Court Onlceru say That the PnnhnndIer who
Was on Trial IIypustIsed Fuim white ne
Was In the Bex-Jury ''DisnEreedo and
] Culprit Pleaded Guilty OF . Lesser Crime.
In Part I. of the Court of General Sessions yes.
terday q juryman who had a case under consid.
Grafton fell in q At and forgot all about the testi.
mony. Some of tho court officers said that the
man on trial had hypnotized the Juror. The
prisoner was Walter Lamb, 80 years old. OF 4
Morris street. He was tried for ~stabbinR George
Muhldoefor. proprietor of q restaurant at 2o3
Chrystie street, who had put him out for beg
ging from customers. The third juror was
Charles e. Fitschen, who lives at 331 West
Fiftieth street, and who Is engaged in the
iron railing business at 4 Blocker street.
All during the trial he seemed to have his eyes
fixed upon Lamb, and Lamb stared at him con.
tinuously. According to the story told by one
OF the court attaches, Lamb opened his eyes as
far as he could open them and worked tho mus.
scles of his face SO that he caused his eyebrows
to go up half an inch higher than they were
normally.
The jury retired to consider the verdict at IL
o'clock. They were sitting about n table In an
anteroom discussing the case. when Juror Fits.
chen throw UP his hands and fell on the floor
face down in what was apparently an e~pileptio
seizure. The other jurors succeeded in bringing
him around after several minutes. They got
him up on a chair and one of the jurors asked
him IL he felt all right. He answered that he
did. Then this conversation ensued:
Juror-Do you feel all right Arc you sure you
Mr.. Fitschcn-Y Yes; I'm all right now.
Juror-Do you know where you arei
Mr.. Fitschen-Yes; I'm in a court.
Juror-Do you think you are able to go on
Mr.. Fitschen-what casei
Juror-The stabbing case.
MIR. Fitschen-I don't know Of any stabbing
case.
Juror-Don't you remember the stabbing case
in which you are a member of the juryi
Mr.. Fitschen-No. i don't remember any stab
Juror-Don't you know you are a member of a
jury which has a case under consideration
Mr.. Fitschen-I know l am a member Of o
toni
Juror-The case of Walter Lamb, who was
charged with stabbing n restaurant keeper.
that I never heard Of any such case. think
Juror-Do you remember hearing any one give
testimony in u courtroom today
Mr.. Fitschen-1 remember being in tho court
room and seeing witnesses on the stand, but I
cannot recollect what any Of them said.
that RAJ n man was beepinn IN a re sti amy ono Say
Mr.. Fitschen-I don't remember hearing tho
word restaurant mentioned to-day before now.
J~uror-Donty you recollect any of the evidence
given Today in the case against Walter Lamb,
who was charged with stabbing George Muhl.
about it.
This ended the conversation. and the foreman
OF the jury then sent a note to Judge Cowing, as
follows:
Your HONOR: Juror No. 8 has been taken Ill with q
Mt, and after getting over same we nnd he has no
recollection OF the case tried.
CHARLES W. GrRsCH. foreman OF the Jury.
After getting this note. Judge Cowing sent for
the jury and asked them whether they had
agreed on a verdict. The foreman replied that
they had not agreed. Then Judge Cowing dis
charged the jury. Lamb pleaded guilty to as
sault in the third degree rather than undergo q
new trial for assault in the first degree.