Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-03-14
SENSATION IN THE COURT
Constable and Clayton Accused Of Con-
Vorslns With Jurors During Trial
CHARGED BY OTHER COUNSEL
In Moving for New Trial in the
Pritchard Case.
ACCUSED SAY NOTHING WAS WRONG

Members OF the bar had sensation |
In Superior Court, Saturday, in the |
reasons filed for new trial in the case
OF John Pritchard vs. Henry Hender-
aun. In this case verdict for the |
Plaintiff, who was represented by
Albert Constable, Joshua Clay ton and
Anthony Higgins was returned last !
week.. e
The reasons we're read Saturday
by j, Harvey Whiteman, who. with
Charles b, Evans, represents Hender-
son, These reasons were;'
First That the verdict was against
the great weight Of the evidence,
Second-That it was against the law.
Third--That after the Jury was inn
panelled and sworn, and during the
progress Of the trial, Albert Constable.
Of counsel, converaed with cne of the
jurors, Richard l., Price. at the p, w.
a. b. station.
Fourtb-z-That Joshua Clayton, of
counsel, had a private conversation
with juror, Samuel M. Harvey, at
the court stenographer' office.
Fifth--That Joseph Clayton was in
company and conversation with Frank
Jester and Charles s. Bigger, Jurors,
in Edward j. Newell's saloon, No. 6
East Seventh street.
Sixth That counsel was in company
and conversation with other jurors.
Seyenth--Thht in the argument coun-
sci referred to offers of settlement and
the finding OF juries in other trials.
Most of the foregoing allegations we're
supported by an affidavit of Mr.. Hem
deTson. Messrs. Whiteman and Evans
made affidavit that they saw Clayton in
conversation with Harvey.
Gaaroa Tn,pnaan,l n - Al.
bar, who resides in Odessa, was first
sworn. He testified that be saw Rich.
ard L. Price, a juror in the case, in
conversation with Albert Constable at
the p. W. & b. railroad station. He
i thought this was on Tuesday of last
week. He did not hear the conversation.
Franklin Broukson, an attorney, who
resides in Clayton, also saw Price and
Constable in conversation, and also saw
Mr., Higgins there.
II was there" remarked Mr..
Higgins.
On cross examination by Mr.. H Higgins,
Mr.. Brockson said that he told Mr..
Whiteman about seeing the three men
together in response to a question from
Mr.. Whiteman.
Samuel M. Harvey, ono of the jurors,
testified that he was IN conversation
with Joshua Clay ton in the court stem
ographer's office while the trial was in
nrogress. He declared that he and Mr..
Clayton we're falling politics and that
Mr., Whitemau entered the room while
they were talking.
IN reply TO Mr.. Higgins, Harvey said
that when Whiteman entered the room,
he, Harvey, spoke 10 Mr.. Whiteman on
the same subject.
i.Was anything said about the case Of
Pritchard rs. Henderson," asked Mr.
Higgins.
mot that l know of" replied the
witness.
Albert Constable, one of the attorneys
for pritchard was sworn. He told OF
being in company with Senator Hig-
gins and meeting Samuel l.. Price, one
of the jurors, ct the station and at
tempted to recall the conversation. He
told Mr.. Price he thought he ought Ia
know him and Price informed him that
he had been in Mr.. Constable's office
in Elkton. Something was said about
persons they both knew, but nothing
was said about the trial.
I'D like to be sworn myself" ex
claimed Mr.. Higgins, and he was. They
had got into conversation with MIR.
Price following Mr.. Higgins remark t.
town. don't you?" Then Mr.. Oonstabl,
and Price began talking about persons
they knew.
Joshua Clayton, also of counsel, wal
sworn. He, too, was at the station
and said he heard all the conversation
and nothing was SAID about the case
As TO being in Newell's saloon Will
Charles Bigger and Flank Jester, h,
explained that he met them on th,
street near the saloon, and had know
Bigger long while and invited then
10 to take drink. They were topethe
but short while and be averred tina
the trial was not mentioned. He OK
planned that he aud Bigger came frou
Sc. Georges hundred and that it is al
insult to resident Of st. Georges hun
dred when another meets him in th
neighborhood Of q saloon not to inyit
him to take drink. I.
This remark caused a laugh, an
further amusement followed when Chic
Justice Lore offered protest to the
statement announcing that he was fror
st. Georges hundred himself. IL wa
:. then explained that the IChief Justic
came from the Odessa end of the hus
dred.
Clayton went on to tell of'the CONVEX
sation between himself and Harvey
the court stenographer' office, and sal
tho subject was the senatorial situi
tion at Dover. While they we're tall
log, he averred that Mr.. Whiteman OF
tered and took part in the conversation
Do you mean to say asked M
Whiteman, that l had any convers;
tion with Mr.. Haryey2'
II do" said Clayton.
want to be sworn," said M
Whiteman, and he Was.
81 want to say" testified Mr.. Whit
man, THAT had no conversation viii
these gentlemen. | rushed in there
call MIR. evans by Telephone. | WI
surprised to see Mr.. Clayton and M
Harvey and halted. but then went
the telephone. While l had the nj
4. trumpet to my ear, something was IA
TO nie about possible election; mat
an evasive reply. hung up the phol
and came out. next requested M
Evans and Prothonotary Speakman
go In the room and see them.
BIegar, one Of the jurors, who W
with Mr.. Clayton in Newells saloo
and Mr.. Newell himself, were Gale
and each testified that nothing was sa
about the trial.
~ This concluded the testimony, al
Mr.. WhiteEan then proceeded to 81
argument.
Mr.. Whiteman read decision whe
a verdict had been set aside when
was strongly against the weight OF Il
evidence and the attorneys Of the gu
cessful side have been conversing wi