Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1903-04-23
Bellows Fails Times
THURSDAY, APRIL %, 1905
NEW TRIAL DENIED
Juror in Patch Case Did Some Talking
Claims He Voted in Favor OF NrIKeB'

SIdIIttS llS III
A motion for a new trial in tlle case OF
the Patch Manufacturing company VS..
Protection Lodge of Machlnlsts was
argued in the Rutland county court Sat
urday.
Attorney McManus opened for the de-
PENDANTS by reading the motion Tor the
new trial. The motion, which IS signed
by Frederick Lehr, president oil Protec-
ton Lodge of MachinistS, asks That a
new trial be granted because. Lyman
Ingleston of Castleton, one OF the hrSt
panel of jurors, publicly expressed his
opinion in regard to the case IN tlle store
of Carl Beach at Castleton on the after
noon of Saturday, March q, three days
after the trial began. After reaolhg the
motion Mr.. McManus proceeded to read
the affidavits of Carl Beach, kay Smith,
Addison H. Cutting and Frank Dutfany,
all Of whom were in the store when it is
alleged that Ingleston expressed his
opinion in regard to the case. Ray
Smith and Frank Duffany were also
present. Smith asked Ingleston how
the case was going and he replied en-
phatically for Patch. Beach warned In
gleston that he had no right to talk so
about the case while he was on the jury.
Smith and Ingleston said that labor
unions were damage to the country,
and heated discussion followed. Ray
Smith in his affidavit says that he was
talking with IngleStOn about unions.
Smith said he thought Patch would win
and IngleSton said he "knew d---n W, II
he would.h Ingleston said he had seen
the strikers hanging around the Patch
employees. At this time Smith swears
Beach warned Ingleston that he shouldn't
talk in that way about the ease. IngleS-
ton said the unions were damage to
the country.
He also states that Ingleston said that
some members of the union had stolen
their books and would not produce them
at the trial. Addison Cutting swears
that he was in Carl Beach's store and
heard some of the conversation referred
to, and little later he met Ingleston on
the street and asked him how the ease
was coming out and Ingleston replied
that Patch had clear case, and while
he might not get the Ia ge tiamages thai
he asked for he would surely get gooC
sum. Cutting said he had hoped il
would go the other way, and Inglestor
replied: "By God, you needn't worry
it won't"
Frank Duffany states in his affidavit
that he heard Ingleston say that Patel
would win the case and also that the
unions were always sticking their nose.
in5o other peoples business, and tha
they had harmed Patch and the Lineolr
Iron works by boycotting their goods.
Col. Baker read the plaintiffs aft
davits. They were six in number and
were signed by Lyman Ingleston, Charlie.
}. Waters, j. E. Edgerton, K. Mcdonald
Marvelle G. Weber and Ira Randall. In
gleston'S affidavit was the first one reaC
and he stated that he was in Carl Beach's
store on Friday afternoon, March 20, but
not on Saturday afternoon. He admitted
that he discussed the case with the mer
who were in the store but stated that he
expressed no opinion. He says that he
did not have any conversation with Ad-
olson Cutting on the street. lie also
gives in detail the voting which was done
in the jury room while the jury had the
matter under consideration. lie says
that Charles Nash, George Bishop and
himself voted for the defendants on the
first ballot, and when it was voted to
give the plaintiff verdict he wanted to
give them one cent, but at each marking
he raised his vote and on the fifth ballot
he agreed to the amount of S2500 lie
says that he saw Attorney McManus
shortly after the trial was over, as he
had heard that the defendants were go
ing to make trouble for him. He says
Mr. McManus told him to keep his own
counsel and no harm would come to him.
The affidavit of Charles }. Waters, the
foreman of the jury, gives the result OF
the voting IN the inrY room. He also