New-York tribune., 1903-06-09
TWO JURORS EXCUSED
4N1fON CASE SURPRISE.
One Lasryer for Defence Wifh
drosns-,TurOr Knee Mel0y.

..o..,, d;scloerres concerning the trial or
4,o,,or+ A Amron counsel for $50 per cent
Miller" came The action Of District Attorney
Je,o,,e Yesterday. in demanding after con-
ference with two of Ammon's lawyers the uis-
charge OF two Of the jurors. Much NY stetS @
s,,--ounds the District Attorneys act Inc
r9ehts of both sides would be better conserved
was his only explanation. The jurors excused
a-e Tar,es II Plurnrner No. 3, a broker OF No
ss Broadway. and Eli p Ellsworth No IL
r,utlsher Of No 13S East Seventy-hrst-st
Mr. Ellsworth admitted to a reporter that ne
had known Andrew D. Meloy, who was con-
nected with some Of the Flower mining synoi-
oo,ee and had had desk in his office Ihls
49,, have some connection with his being eX-
cused.
When asked if he had ever known Meloy MT
Ellsworth replied Yes, 1 knew Meloy through
nv brother the Rev. J. w Ellsworth OF ->au-
eatuck. NV brother was superintendent OF the
Board of Education there and Meloy helu q
minor CITY position. He was respeclaple iIeii
tJa ~ay,,a 10 me when was connected with the
Security Check Company, as secretary at NO
x 1ibertv-st New-York. Meloy not only
GAINED nv confidence, but that OF every man
connected with the company He hao d niiiliHe
scheme or several and he SUCCEEDED IN se''iiie
soroa Of the bonds of one of his mining scheiies
exchanged for our bonds. Indeed We Meie 'o
taken with him moved into ms oiioes e.
No % Broad-st.
..I had a desk there but only for three weeks
Things began to dawn on me MeloS asheu ,A9
to do something had no authority 10 90 anu
said I would see the board of directors aoout ~.
asked an eminent jurist about 1t, ana ne 'oiu
me not TO do it. After that Meloy olo not seem
to have any further use for me-
No one has been to me since was en-
-D.,eued as q Juror When / took my seat L
to,5 the eleventh Juror that I was surprised tnat
7 sborId have been accepted But should nave
been a fair juror if allowed to decide on the
merits of the case
Il understand the reason L was excused was
because when 1 examined as talesmah
Ammon looked uneasy at my answers l was
interrogated lengthily before / was accepted
Several of the questions and answers seemed to
annoy Amnon.
lone OF the lawyers. Mr.. Palmer, asked me II
] considered a of thirty-five years more
guilty than a man of twenty-one, indicating
Miller ] suppose who is young. 1 answered
that / considered the elder man, as man who
would probably have more knowledge, the
greater sinner. The answer made Ammon
Vince ! was looking at him at the time. That
IS the only ! assign for my with
drawal.
The District Attorney mad hardly finished his
request for the eXcusing Of two jurors yester-
day when William NJ Muller, of counsel
for Ammon, jumping TO his feet, said to Judge
u me. The Jury suits me- and l decline absolutely
to abide by any decision of my assistants. II
y these jurors be excused 1 shall withdraw at
from this case" Taking his hat and
papers from the table. he hurried Indignantly
from the courtroom. The case was then ad-
Eourned until 1880 a m. to-day.
As TO the two jurors, they were as much
astonshed as any one in the crowded courtroom
at the unexpected turn Of affairs L can see nc
reason for it," declared Mr.. PlUmmer yesterday
afternoon, except one possibility was put
through rigid examination before l was ac-
cepted. and il happens that !. as well as Mr.
Ellsworth, said j had formed an opinion or
Colonel Ammon's guilt or innocence. We botf
said. however that these opinions would hot
prevent from giving verdict according tc
the evidence. That's the only reason L can
Mr. Muller still indignant yesterday af-
ternoon The trouble seems 10 be- he said
that my associates, Arthur c. Palmer and
Frederick Is House took action without con-
sulting ne. Now, of course. If Colonel Ammon
wants that I've nothing TO say but 1 think II
was great mistake that this not forced
trial to-day the District Attorney made
TO show his reasons for wanting the jurors ex-
cused. II I'd been consulted j should have ap-
pealed to the courts to protect the civil rights
OF my client"
If there is any yiIlany or any subterranean
methods are being employed. want to know OF
them. so can get ouS The District Attorney
Now I'm certain he had one left, perhaps two
The court and the public ought to know why
those jurors were thrown out"
When court opened yesterday morning the
District Attorney said:
Both the counsel for the defence and the Dis
trict Attorney consider this q most important
case Counsel for the defence and myself con-
ferred and found that both desirous In fact
both concur. in the exclusion from the jury box
of two gentlemen. The court concurs in our
view
III is simply a matter of our having had
perempto-y challenges enough both sides 10
have procured q jury satisfactory TO both sides
absolutely And / feel that ] should not force
on the defence a jury that is not entirely salts
factory to them. The members OF the staff of
counsel for the defence have met me in a very
agreeable manner. and with a courteous feeling,
3nc / have tried 10 reciprocate Our feeling is
that the rights OF both sides VIII be better con-
served If your honor win permit Us to excuse
two of the jurors in the box"
Judge Newburger, addressing the District At
torney. said.
This viii necessitate adjournment until
tomorrow
Yes" responded Mr Jerome. will you set
The case down for tomorrow morning at 1890
o'clock
Judge Newburger consented and, addressing
the jury said:
While the case is awaiting trial desire that
member OF the jury will confer with an
other member concerning the merits demer1ts
of the case, nor with any person outside OF the
courtroom. Refrain from speaking OF the case,
and do not encourage any conversation the
part OF any one touching on the case. II any
advances are made in this direction, I will be
glad II you Will notify nee, and j viii take cog
nizance OF the matter"
panel OF Jurors will be ready to-ulor-
morning when the case is called
After adjournment taken District At
torney Jerome said: "I have absolutely nothing
add 10 what I said in court"
Mr.. House, for Ammon. also declined TO make
any explanation OF the procedure in court
BRINGS TRUCKLoADS OF EXHIBITS
Assistant District Attorney Mott asked per-
mission Of District Attorney Clarke, of Kings
6sas4zs yesterday to borrow the exhibits used