The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-19
ONE JUROR INCOMPETENT
Claim of List0n ID. Bass in His
Motion for a New Trial.
states That r. n. Haiinm Was in No
Condition to Return "a Verdict
Man in Question Admits Irrespon-
sibiIity-UphcId by n Physician.

A novel question will be presented to
Justice Barnard when he is called upon to
consider the grounds for new trial and
arrest of Judgment in the case of Liston
D. Bass. who was recently convicted of
using the United States mail for unlaw-
full purposes.
Paul R. Hallam, a member of the jury
which declared Bass to be guilty. in an
affidavit filed in support of the motion
for n new trial states: For the past nine
or ten years ! have been an intense suf-
ferer from a badly deranged or disor-
dered nervous system: said condition at
times becoming most oppressive, so much
so that l have found myself absolutely
unfit and unable to discharge even duties
of small moment. 1 further state that
when so affected that | am not only unfit
to discharge the most ordinary duties,
but that l seem to lose my will power
and am not able to direct myself or gov
ern myself as ! would in normal and
capable condition
Speaking of the long and tedious trial
which resulted in the conviction of Bass,
HallEm states: 1T tended to bring on
one of the nervous attacks from which
l have frequently suffered and when
the jury retired to make up its verdict
l was in a condition approaching a ner-
vous collapse. II was developed that my
own convictions in the case were at va
riance with the rest of the panel and to
a certain extent criticisms of my views
in the case were indulged in by some
members of the jury.
Owing to my condition. | became ex-
cited and one of my nervous spells seiz-
ed me. l lost control of myself and of
my will power, and was no longer capa-
BILE Of discharging my duty in the case
as Il juror. of properly considering the
issues involved, of adhe-ing to my
conscientiously formed convictions of the
case.
Under the stress and agony of a ner-
vous spell, from which | was then suf-
fering, l yielded to the opportunities of
the other members of the jury and sub
mitted to verdict of guilty. This spell
continued during the polling of the jury,
and 1t was not until late at night that
/ recovered my normal condition and ap-
rreciated what l had done"
Adeibert II. Lee. physician who has
treated Haliam for nervousness, in an
affidavit states that italian often suffers
from extreme nervousness.
Charles R. Asquith. Assistant Superin-
tendent of the Prudential Fire Insurance
Company. in affidavit states that he
has been thrown in contact with Hallam
for the past three years and has had
ample opportunities to observe his tenn
permanent and peculiarities. He states
that he has noticed Hallam suffering from
what seemed to be a highly accentuated
nervous condition, which would unfit him
for the discharge of his duties in con-
nection with his work. A casual observer
he states, would not notice that Hallam
was at such times suffering from such
nervous spells.
When under the influence of one of these
spells. Asquith states, Hallam is abso-
lutely helpless so far as his will power
is concerned or required to control him
either in his action or judgment As
qiIith was at the courthouse he states,
when the jury returned verdict in the
Bass case and saw Rallam Immediately
afterward and remained with him until S
clock that night
He noticed, ne states. that Hallam was
suffering from one of mis- nervous attacks
and wholly unfit to attend to the
business about which he went to see him.
Haiian continued in that condition for
such long time, Asquith states. that it
was impossible to transact any business
with him that night
In the motion for a new trial it is al
legged that the indictment upon which
Pass was convicted is defective and that
the verdict was contrary to tho - and
the evidence ", -