The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-12-28
ELEVEN JURORS.
Prison Murder Trial De-
layed by the Illness Of
Mr.. Bergen.
CONSTABLES IN CHARGE
The Men Who Are to Decide
Browns Guilt Are Care
fully Guarded.

1879
morning. according to the schedule set for
it; in fact, owing to the sudden illness OF
| James A. Bergen, one of the jurors, the
case was not esumed yesterday at all.
Just before adjournment, on Tuesday,
Justice Gummere said that the case must
be finished the following day, and in or
der that the work might be contaminated,
he fixed the hour of beginning the pro-
ceedings for the unusually early one OF
nine o'clock.
Yesterday morning a reporter arrived
at the Court House a little before nine,
and there were no signs of holding court
at the time. Neither Judges nor jury had
appeared. A few minutes later DR.. Shaw
put in an appearance. He had something
on his mind and he went in quest of the
lCourt at once. Justice Gummere arrived a
few minutes later and the physician told
| him that one of the jurors, James A.. Ber-
gen. had been taken very i'll during the
night and that he had been called in to
attend him and that he had forbidden the
patient to get out of his bed.
The other eleven men came into court a
few minutes later in the charge of the
constables, and they at once took their
seats in the box. Justice Gummere, Judge
woodruff, Prosecutor Crossley and Coun-
seior John H. Backes now retired to the
room in the rear of the bench, accom-
panied by DR.. Shaw. 1t was a long <time
before anything was seen of them again.
Finally, DR.. Shaw came out and went
away. He was followed soon by the
others.
Justice Gummere now directed the
County Clerk to call the roll Of consta-
bles and jurors, after the Crier had open
ed the court, and then told the jurors
that he had been informed that one Of
their number had been taken sick so he
could not be in attendance on the trial.
The Court was in doubt whether to go
on with the trial with eleven jurors. or to
discharge the panel and draw another
one. beginning the case all over again
tt had been decided to wait till this MORN
ing to see if the condition of the juror
would premit his attendance, and if not,
the Court would then decide whether to
go on with eleven men or to begin the
trial over.
All the conference in the room behind
the bench. Counsellor Backes offered to
go on with the eleven men who still sat in
The box. and it is understood that the
Prosecutor was favorable to the plan too.
h11t there was some question as to the
LEGALITY of the proceedings. It was sug-
gested that there was a case in the books
where a man had a mistrial by the sick
ness of one of the jurors and on the draw
ing of the second panel it was success
fully commended that the prisoner could
not be twice placed in jeopardy for the
same offence. However that may be. when
Justice Gummere comes into court this
morning he will know just what the law
Of the State is with regards to mistrials
of the kind.
While the jurors were waiting for the
conference between the judges. lawyers
and doctors to end, some of them spoke
about the condition of Mr.. Bergen. They
all agreed that he was a pretty sick
man. At one time he had become I'M
conscious and fallen to the floor, cutting
his chin and lip. Several of the jurors said
that he was wandering in his mind a part
of the time. He complained the most OF
pains in his stomach and around his
heart.
The Court addressed the jury now, say
ing that it was sorry that it became
necessary for the Court to keep the meni-
hers away from their friends and separat-
ed from the rest of the community. The
court knew that this was a hardship, but
It was a case in which the result was life
and death. and the Court was of the opin-
ion that in such important matters per-
sonal considerations should give way. He
told the Jurors that they might make
themselves as comfortable as they could
under the circumstances. If they want
ed to walk they might do SO. The only
nrovision was tina they should keep to-
eether and nave their officers with them.
He told the Jurors again, that they should
allow no one to speak to them about the
case and should not talk with people
about any other topic. He said that even
among themselves the jurors should not
talk about the case until the evidence Is
all in.
Later in the day word was received
from the Hotel Windsor that there was
no improvements in the condition OF Juror
Bergen.
Before the court adjourned, DR.. Shaw
came back for Instructions as to permit
ting the family of the sick man to visit
him. Justice said that he and
Judge woodruff had agreed that this was
A case in which expense ought not to be
allowed 10 be counted. If the physician
thought that another constable should be
had so that the juror could have the pene-
fit of the presence of his family tnat
would be attended to, or If the physician
wished to rave a consultation with any
other physician or with the County Ply
sician. that could be had at the expense OF
the county. The only thing to consider
was to have the juror well enough in the
morning to be in his seat and to partiei-
pate in the trial.
The court was now adjourned for the
dav with the understanding that the
Jury should be in their seats at ten
o'clock this morning.
His sickness has already put or the
trial of the indictments of those who
were charged with registering names OF
voters in various polling places in the
city. falsely swearing them on the POLL
books. These cases were to have been
tried today had the murder case been
cleared up on schedule time. Thu Dsleo
m-anslaughter case also awaits q trail with
a day hard to find open on the calendar
Of Justice Gummere. The January term
of court begins a week from mex Tues
day.
AT the Hotel Windsor last evening i
Was SAID that Luxor Bergen had improved
somewhat in his condition. But there was
no authority to state that he would be
well enough for business this morning.