The times., 1901-04-19
ONE JUROR INCOMPETENT
Claim of List0n ID. Bass in His
Motion for a New Trial.
states That u. ". HaIIam Was i'm No
Condition to Return Verdict
Man i'm Question Admits Irrespon-
sibiIity-UphcId by Physician.

Man i'm Question Admits Irrespon-
sibiIity-UphcId by II Physician.
a novel question will he 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-
ful 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 a 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. ] further state that
when so affected that | am not only unit
to discharge the most ordinary duties,
bat that L seem to lose my will power
and am not able to direct myself or gov
ern myself as l 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 so frequently suffered and when
the jury retired to make up it's verdict
I was in a condition approaching a ner-
vous collapse IT was developed that my
own convictions in the case were at va
rance with the rest of the panel and to
certain extent criticisms of my views
in the case were INDUCED in by some
members of the jury.
Owing to my condition. / became ex-
cited and one Of my DarN-pllS SMELLS SpiZ-
ed me. l lost control of myself and of
my viii power, and was no longer capa-
Bile Of discharging my duty in the case
as a juror. of properly considering the
issues involved. or of adherng TO my
colscientiously formed convictions of the
case.
Under the stress and agony of a neT-
vous spell, from which l 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 it was not until late at night that
/ recovered my normal condition and ap-
rreciated what l had done"
Adelbert II. Lee, a physician who has
treated HaIlam for nervousness. in an
affidavit states that TIallam often suffers
from extreme nervousness.
Charles r. Asquith. Assistant Superin-
tendent OF the Prudential Fire Insurance
Company, in an affidavit states that he
has been thrown in contact with Halam
for the past three years and has had
ample opportunities to observe his tenn
permanent and peculIarities He states
that he has noticed Haliam suffering from
what seemed to be . highly accenUuated
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, HalIam is abso-
lutely helpless so far as his viii power
is concerned or required TO control him
either in his action or judgment As
Qilith was at the courthouse. he states.
when the jury returned verdict in the
Bass case and saw Railam Immediately
afterward and remained with him until
. clock that night
He noticed. he states. that Hallam was
suffering from one Of mis- nervous attacks
and was wholly unfit to attend to the
business about which he went to see him.
Eaiiam continued ia that condition for
such a long time. Asquith states. that il
was impossible to transact any business
with him that night
In the motion for a new trial il is al
legged that the Indictment upon which
Pass was convicted is defective and that
the verdict was contrary to rho 80 ard
the evidence in -