The Providence news. (Providence [R.I.]) 1891-1906, 1902-01-29
CAUSED
DISMISSAL
OF JURY.
Or|seo|I, MsmbsT Of the Panel,
Appeared Ia Court In an
intoxicated Condition.

Boston, Jan 2s.-The Foster Dickinson
case has bsen taken from the jury and
Juror Driscoll has been declared in con-
tempt Of court. Driscoll Is the man
who recently failed to appear AT the
opening OF the court and whose unex-
planned absence caused days postpone
ment.
This Is the case In which George NJ.
Foster. former cashier, and John w.
Dickinson. former shareholder of the
South Dsnyers National bank of Pea
body, are accused Of wreeking the in
stitution. The trial has been In pro-
sress for more. than two weeks. and the
derence had just begun the presentation
of its evidence.
Before the opening Of the court eoun-
ssl for defence aud District Attorney
Jones were called 10 the lobby to con
suit with Judge Lowell on points OF law
In the ease
After conferrng for half an hour the
Two defendants with their counsel and
Attorney Jones retired To United States
Marshal DsrliRgs office to continue the
discussion.
lust before 1870 this afternoon the
conferees left the marshals ofnce. No
information was given out as TO the
result Of the prolonged sitting.
As soon as Judge Lowell and the law
yers reached the court room the trial
was reopened. the jurymen having been
summoned A few moments later As
sistant District Attorney Casey noticed
that something was the matter with
Juror Michael j. DriScoll After watch
ina the man for few moments Mr..
casey decided that he was not compe-
tent to contnre in the case and the
lawyer brought the matter TO the at
tention of the court A few questions
put TO Driscoll by Judge Lowell con-
nrmed Mr. Caseys opinion. Driscoll was
declared To he In contempt and his arrest
was ordered Then the Judge directed
that the ease be taken from the jury.
The court ordered that Driscoll be
called al o'clock this afternoon in the
contempt case
Judge Lowell sentenced Driscoll TO serve
two months mprisonment in the Cam
bridge house OF correction after the hear
ing this afternoon. 1t appears that the
contempt consisted In Driscoll's present
ing himself in a drunken condition.
When the court assembled this after
noon Judge Lowell stated what the ses-
one was present TO speak for Driscoll.
brother OF the prisoner then made a
plea for him and said that his brother
Was not an habitual drurkard. hut that
whenever he was under strain was in
posr health he would get liquor lie said
his brother was not nbls 10 SO TO bed In
toxicated and get up IN the morning
sober, but that he seemed TO go into a
sort of a trance, and in the morning was
- -
gone to bed.
He then spoke OF the strain this jury
business was 70 his brother. We would
not 70 ont of an evening. because he
was afraid that soma one would talk To
him OF the case, and that he might let
some remark slip that would cause him
trouble The man then pleaded that the
court would be as lenisnt as possible.
Judge lowell ssid that he would take
the pleading ~ his brother into considera-
ton. He then referred 10 the action as
very serious and scanAalous matter,
not only to the lawyers for the defence
and the government, but TO the court.
He referred 10 the first nishsp OF the
Suror and told how grave had been the
confederation at that tims between the
court and the lawyers engaged In the
case as 70 the sdvissbility of dischsrgins
tho Jurors and taking the case from them
nt the time. but after discussing the
case, and In view Of It's Importance ~
had been decided 20 let the case 60 on
after the court had had talk with the
juror.
Taking everything into consideration
Judge Lowell said that he would SEND
Driscoll for two months to the Cambridge
house of correction. Then, turning 20 the
Jury, he thanked them for the attention
they had paid TO the ease and dismissed
them. Plans for taking UP the new trial
havs not vet been formed.
In passing upon the case Judge Lo~-
oil said: The court has been Informed
thst Mr.. Driscoll came to this buildins
this morning intoxicated and unnt to dis
charge the duties Of juror