The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-09-24
lANPERED WITH JUROR
Charles H. Bagley Fined
S25 by Justice Lip
pincott.
SENATOR DALY's DISCOVERY
The Mason -Thueser Case Ends
in an Abrupt and Sen,
sational Manner.

The suit of Emmie Mason and her hugs
band to recover 81, go from Soren c.
Thuesen and his wife for injuries re-
ceived by Mrs. aIason while she and her
husband We're tenants in a fiat at Eighth
and Garden streets, Hoboken. owned by
the defendants, came to a sensational all
though temporary ending yesterday sfter~
noon. The story OF how Mrs. Mason re-
eeived her injuries was told yesterday.
On the night Of December 6, 1895, she and
Mrs Brush. another tenant in the fiat,
We're going tc church. Coming down the
stairs Mrs Mason stepped on small
lamp which stood ON the second step
Her underclotking caught fire and she WAS
very severely burned. She is suing the
Thuesens for $4,000 damages and tine hus-
tsand is suing them for 81 500 for the loss
OF her services
The trial went along as smoothly as
trials in the Supreme Court usually go
until recess. Senator DAILY had noticed
that some gentlemen from Hoboken were
taking an unusual interest in the trial,
and that they had been hobnobbing with
the jurors. Suspecting that the gentle
men were. not interesting themselves IN
his clientA the defendants, the Senator
decided to keep an eye on them; IN fact.
ne kept two eyes on them- He noticed
that Albert Ascher. who was on the triai
Fl. Bagley of Hoh0ken, who was IN the
panel of jurors, but not on this partleil-
Tar case Bagley and Detective Lucky
Harrison and some others had been in
close conversation, but whether they Were
discussing the pending trial or not can
Senator Daily saw Bagley follow Juror
AscheF over to Carl Ruebpler's corner and
engage him in conversation. Ascher
moved away from Bagley and Went across
the street 10 Heller's corner Bagley Iol-
lowed him up and continued to talk 10
him. When Aseher finally got away from
Bagley Senator Daily stopped him and
asked HIN what Bagley had said to him:
Oh it's all right. Senator, replleo
Aseher; he couldn't influence me.
Senator DAILY insisted on knowing what
BagleS had said and Ascher told him.
Bag1ey told him, he said that if he tBag-
leS) was on the jury ne wouldn't beneYe
the witness who was on the stand just
before recess. Bagley told Ascher that
she was evidently perjur1ng herself and
that she displayed her spite against the
plaintiffs in the manner in which she
The witness referred to was Kate Reilly,
who was a Servant for the Thuesen's al
the time of the accident. She testiheta
that when Mrs. Mason started to come
down the stairs on the night of the acelr
| dent she, the witness. called out 70 nef
to look out for the lamp. That, OF course
was very important testimony.
Senator DAILY went over 10 the SonTE
House steps where Bagley and his
! friends Were standing, and denounced
| in a very loud tone, and soon aftracteu q
! crowd Lucky Harrison protested that
he was innocent of any wrong doing ana
| said why, Senator. 1 wouldn't do any
thing against you; you're my counsel.
Counsel or no counsel, exclaimed the
Senator, in an angry tone, I m gong 20
put a stop to this disreputable business
Senator DAILY then went upstairs TO the
court room and went into Justice Llp-
pincott's s Chambers. He told Justice LIP
pineott what had occurred. Lawyer Jas.
f. Minturn, counsel for the plalntlffs,
went in afterward. After consultation
Ascher made an affidavit stating Wnat
Baeley had said to him and Bagley was
called before the Court. Justice I1ppln-
cott asked him if he had heard the aifi-
davit and he said that he had.
Are you a witness in this case?' asked
Justice LipDincott
mo, sir, am not even acquainted VILE
what business had you to talk to n
4 did not know he was in the case.
had no wrong intent in theA matter. L
think this IS a play TO the gallery
Justice LippincoJt instructed Senator
Daily to file the affidavit. and then Dues
toned Ascher, who repeated the state
ments he had made in the affidavit. Bag
ley again denied that he had tried TO IN
fluence the juror
Bagley said that he went over TO the
merely spoke TO Ascher incidentally.
Mr.. Minturn stated that he had no
knowledge of the matter and that 1t was
all a surprise TO him. He suggested that
a Juror be Withdrawn and a mistrial or
dered. This was done. the twelfth juror
being withdrawn.
Justice Lippincott then fined Bagley SIS.
dismissed him fro mthe panel of jurors.
and ordered him committed until the fine
was paid. BagIey found friend who
put up the s25 for him and then collected
SIG which was due him for two weeks
service on the jury He is out just So
AS he was leaving the Court House he
remarked disconsoiately We'll, there
was a whole bunch of fellows who
thought the same as / did about that
woman's testimony. but l had to be the
poll parrot
Bagley was formerly on the police force
in Hoboken.