The Washington times., 1901-08-04
CONVICTED By LOTTERY.
4 Trenton Court Orders the Conduct
of "a ,yrry Investigated.

I TRENTON. N j.. Aug. 3.-Startling dis
closures as to the administration of Jer-
sey Justice have been made in the Mercer
! County Court. 1t has been brought to
the attention of Judge Rellstab that Hen
~ J. Burtis, a music dealer. had recently
been convicted by a jury which drew lots
to determine whether it should return a
verdict of guilty or not guilty. The an
nouncement brought from Judge Rellstab
a scathing rebuke. with instructions to
Prosecutor Crossley to make full inves-
tigation and report to the court next
week
/ The jury's remarkable action was
brought to the courts attention by w.
Holt Apgar, counsel for Burtis. who sub
mItted an affidavit setting forth that he
had been informed by several of the ju-
rors that their decision had been arrived
at by lot The informants included Fire
Commissioner William 5. Ossenberg,
Manfred Naar. William S. Fielder. and
George w. Price, other jurors also ad-
hitting the truth of the allegation.
Mr. Burtis who has been somewhat
prominent in local business circles, was
accused of malicious mischief and petit
larceny in breaking open gas meter of
the slot variety and attracting thereffom
the 25-ceut piece within. Arrayed against
the testimony of Burtis and his wife was
that of a negro, Asa Smith, a convict.
Judge Reilstab's charge to the jury was
practically an instruction that the evil
dence was insufficient to warrant convic
tion.
THE case was tried a particularly
hot day said one of the jurors yesterday
afternoon, '-and at o'clock we had
reached no agreement If we disagreed
it meant staying in the jury room. rem
dered almost unbearabie by the heat. all
night. Someone suggested that we draw
lots to decide whether to return verdict
of guilty or not guilty. The suggestion
was quickly agreed to by all as an easy
way OUT OF our difficulty so we wrote the
words Guilty and Not guilty on sepa-
rate slips of paper, which We're placed be-
tween the leaves OF book.
THE foreman, J. Wesley Reed, as had
been agreed. drew out one of the slips. II
was the guilty one. and gave our YER
dict accordingly. ! don't what harm
there was in that for the jury was even
ly divided, anyhow
Judge Reilstab. after hearing Mr. Ap-
gars statement made a scathing arraign-
ment of jury which would by lot jeopar-
die the liberty of a fellow-citizen. saying
1t was a deplorable state of affairs. and
one which demanded rigorous inyestiga-
ton. If true. he said. the jury should be
made to understand that its action was in
contempt Of court and a traVesty on JUS
tice. The court Will receive the report of
the prosecutor next Friday.
1t was also set forth in the affidavit sub
mitted to the court that several of the
jurors We're playing cards when the agree
ment to draw lots was reached
Many are of the opinion that nothing
can be done to the jurors, contending that
the proceedings within the jury room are
secret and that it is not within the juris-
diCtion of the court to seek information
or take official cognizance of what occur
red there. Others argue that while the
court may not force any juror to violate
his oath of secrecy. il may accept testi-
mony from third party as to what has
been told him by juror A Judgment of
mistrial is generally Anticipated.