The times., 1898-11-02
MOTION FOR NEW TRIAL.
Alleged Misconduct of Juror Harper
in the Price Case.
Corner of Seventh and l SITS.

There were some interesting develop
ments yesterday in the Price case. and
from what was learned last night it is
very probable that there will be even
! further developments today or tomorrow
John Price. II will be remembered. was
convicted in Criminal Court No / last
Friday for the larceny of 81, So from Ar
thur o. Babendrier at the Vatoldf cafe
,, on March 30, 1897. His trial lasted for
several days, and attracted much atten-
tion on account of the fact that the man.
ner in which the robbery was committed
had never been satisfactorily explained.
The prisoner was represented at his
| trial by Andrew A. Lipscomb, of this city.
and Mr.. Abram ]. Rose, of New York.
and as soon as the verdict OF guilty was
| announced Mr.. Lipscomb stated that he
would move for a new trial for his client
This promise was made good yesterday
morning, when he filed a motion with the
| clerk of the court asking that the verdict
be set aside and a new trial be granted
for reasons set forth.
One of the grounds for the motion is
| alleged misconduct in the jury room after
1t had retired to form its verdict This
| assertion was substantiated by the afti-
davit of one of the jury-Douglass
Thompson-who states that another mem
ber of the jury, its foreman-Benjamin
| F. Harper-said in the jury room to men,
bers of the jury "tha, he knew the de-
fendant Price; that he was a common
| thief, and that his picture was in the
| rogues' gallery across the street"
Mr.. Harper was seen last night by a re-
| porter for The Times. and he denounced
| this statement as a most malicious lie,
| and added that if there is any way to do
so he will have Thompson indicted for
| perjury before the sun sets today
Harper also said that he knew that
| each of the other ten jurors would tes-
tify that no such language had been used
| in the jury room by him or anyone else
| He stated however, that as a member of
| the metropolitan police force he had
| heard of PRICE. as he supposed every
| other person in the city had, but that fur
| ther than this he knew nothing of him.
| In his affidavit, which was submitted
| as part of the motion for IL new trial
Juror Thompson said that Harper in
| speaking of Price, stated that he knew
| him while he (Harper) was a detective
| Thompson also stated that some other
juror, whose name he did not mention
had said in the jury room that all thieves
| carried Wire by means OF which they
| could reach the article which they in
tended to steal.
The other grounds on which the motion
Is based are that the verdict was con-
trary to the evidence, contrary to law.
and because of error of the trial judge in
sustaining the demurrer of the United
States to the plea to the Jurisdiction of
the court, and also because of error of
the court In admitting certain testimony.
1t Is also claimed that the court erred
IN not granting certain instructions to
the jury asked for and also because the
jury which determined the matter was
permitted to view the scene of the rob-
berry without the defendants counsel and
himself being present.
The motion for the new trial and arrest
of judgment will be argued on Saturday.