Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-04-17

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| FRED ". LEE, Stcnographe-.
Augusta, April 1G.
In the kennebec superior court,
Wednesday morning, the jury in the
case Of Mary Il. Nolan VS.. John +. Me-
| Namara, both NJ Gardiner an action
| brought to recover for rent alleged to
| be due returned Il verdict for the de
| PENDANT. The ease was given to the
] jury, Tuesday night, with instructions
to present sealed verdict, Wednes-
| day morning, If one was reached.
This case is the first of its kind to
be tried in this State and the jurys
verdict WAS received with much inter-
est. The plaintiff sued to recover rent
| for Il building rented on Water street
| in the city of Gardiner, and the de-
| fence contcndcd that the premises were
let and used for an Illegal purpose
namely, Tor the sale of Intoxicating
| liquors, ana therefore the bill was not
collectablr.
George W. Hcsclton, Esq. of Gar
diner. appeared for the plaintiff ana
| WEI &. Atkins, Esq, Of Gardiner COR
the defendant.
After the verdict had been announced
Attorney Heselton for the plaintiff Hd-
| dressed the court as follows: Il wish
10 call Il matter to the attention of the
| court that came to my attention after
the jury had retired. ] am not pre-
pared, of course, to say whether the
facts arc rs stated or that they had
any influence on the jury. | am in
formed that in the presence Of one of
the jurors an officer of this court dis
cusaed the character of the parties who
were connected with the case, and |
ask the leave of the court to call the
several parties who We're present ANA
under oath interroGatc them on the
stand"
Evidence was presented showing
that Deputy Sheriff Martin Burns Of
Gardiner, an officer in attendance ut
this term. discussed the case in the
presence Of one of the jurors.
Attorney Heselton moved that the
verdict be set aside on the ground that
the talk made by Deputy Burns preju-
diced the plaintiffs case.
The motion was not entertained, but
Judge Hall fined Deputy Sheriff Burns
>l5 FOR contempt of court. Judge Hall
spoke as follows:
'"The law is very careful to guard
the rights of the parties in the trial
of causes. 1t makes it Il penal offense
for any person to make a statement
in the presence Of Il juror, knowingly,
and with intent to bias or influence
him in the decision of n case on trial.
or for any juror. knowing that Il party
outside is making statements in his
presence for the purpose Of influencing
him, without submitting the name OF
that party to the court in order that
il may be investigated
And in this case, if the evidence
were satisfactory that the juror was
in the least influenced by anything he
heard there, it would be ground for
setting the verdict aside. But whether
the juror was influenced or not, | am
satisfied from the evidence that Mr.
Burns made the statement knowing
that the juror was present, and thus
committing contempt of court, an Of
fence for which he is punishable
''Verdicts OF juries must be beyond
the suspicion Of outside influence. or.
otherwise, there is an end to the trial
Of causes 50 far as justice is concerned.
And for an officer of this court, who
has been trusted to guard the jury to
make remarks in the presence of a
juror, whether intended to influence
him or not. but of q character to in
fuence him is a very serious offence,
and / will fine the officer SIS for con-
tempt"
Attorney Heselton for the plaintiff
announced that the case would be car
ried to the law court on exceptions.
No other cases being ready for trial
at this term the jury was finally dis
charged.
1t is probable that court will finally
adjourn, Thursday night.