The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1901-07-17
STATE V. DONOVAN.

Considerable of sensation was created
about the court house Friday evening when
it became known that I. R. and j. W. Cor
don, counsel for j p. Donovan in the for
gerry case recently tried, had filed petition
for new trial on somewhat startling
grounds.
In the case of State against Donovan, for
gerry, tried at the present term OF Washing
ton County Court the respondent was con-
victed, sentence was suspended, pending q
consideration Of exceptions by respondent
in the Supreme Court and bail in the sum
OF So 500 was furnished.
The petition for a new trial is brought on
the ground that States Attorney r. A.
Hoar had associated with the jury during
the trial, had been lin their rooms playing
cards and smoking with them, thereby in
huencing said jurors in behalf OF the State;
that before the jury in the case OF State
against Donovan was empanelled, said
Richard A. Hosr, States attorney, gave the
jurymen cigars. Therefore the petition IT,
the respondent, prays that the Judgment in
said cause may be vacated, the verdict of
guilty set aside, and that the respondent be
granted new trial upon the indictment for
forgery on the ground that the jnrymen
were not impartial to the petitioner by rea-
son Of the conduct of said K. A. Hoar.
This petition is brought largely upon the
sworn deposition OF Benjamin Gates deputy
county clerk, which is attached to the petit
ton and is as follows:
county OF Washington, on oath depose and
say that am twenty-seven years old, and
deputy sheriff OF said county; that have
had charge OF the jurymen the greater part
OF the present term OF said court; that Rich
ard A. Hoar is the States attorney OF said
county; that he personally conducted the
trial Of the said j. p. Donovan on behalf Of
the State in the case Of State against the
said j. p. Donovan, tried at this term of
said court for the crime OF forgery; that du-
ring said term OF said court the said Richard
A. Hoar, States attorney aforesaid, had
frequently associated with the petit jury
men in attendance upon said court and
played cards with them in their rooms;
that on one occasion, shortly before the
Iurymen were empanelled in said cause, the
said Richard A., Hoar. States attorney
aforesaid, while playing cards with some of
the said jurymen, treated some OF the said
jurymen with cigars while they were at
t. nding said court as said jurymen
A hearing ON the petition will be z ven on
Monday.
When seen on Saturday Mr.. Hosr de.
clined to talk for publication. He simply
said; "They rubbed the note during the
Trial and now they are trying to rub me af-
ter the trial.
The motion for new trial in the case of
State against j. p. Donovan, forgery, on
the grounds stated in Saturdays JOURNAL
was argued Monday afternoon in county
court before Judge Watson. The large at
tendance OF members Of the bar and specta-
tors testified to the interest felt in the case
In answer to the accusation against him
and in opposition to the motion for new
trial the States attorney presented the fol-
lowing affidavit, signed and sworn to by
each OF the twelve jurors who tried the
Donovan case.
~ - on oath depose and say that
WAS one of the jurymen In the trial Of the
case OF State against Donovan at the pres.
ent term OF Washington county court.
further dep $50 that the States Attorney for
the county did not treat or furnish me with
cigars during said term, neither did 1 see
nor hear OF any improper conduct ON his
part"
Similar affidavits were presented by the
States attorney from Sheriff Graves and
deputy sheriff Tracy. Mr.. Hoar has also
procured sworn affidavit from O. III.
Dudley, q juryman not on the Donovan
panel, which thro VS. some light on the cigar
question. Mr.. Dudley swears that he had