The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-12-08
JUROR TALKED.
Judge Pollock Brings Sullivan
Case to Sudden End.
Instructions of the Court Had
Been Disregarded.
DIDN'T REVEAL NAME.
Said He Would See It Didn't
Occur Again.
Case One for $4,000 Damages
Against Union Pacific.

The old statement that an error does
other people than the doer damage, was
amply illustrated in the United States
court this afternoon.
Because a member of the federal jury,
in the case of Daniel Sullivan against
the Union Pacific Railway company for
$25, 900 for the loss of leg, talked about
the suit during the noon recess, and let
fall a rather pertinent remark, against
which the court had issued special ad-
monitfon, Judge Pollock this afternoon
dismissed the jury summarily, and con-
tinued the case until next September.
When the court assembled this after
noon, the judge at once caught the at
tention of those in room by declaring
that a member of the jury had viola
ted the instructions. Regarding the
matter he said
Il always, as is done in all courts
admonish the jury before it goes out to
a recess, that it should not talk about
the case which it has under considera-
ton, that it shall not be discussed
among themselves with outsiders, In
the presence of others, or listen to any
one or any number of persons who
are talking about it. find, from a very
responsible source, that one member or
this jury has violated my admonit1on-
1 find that he said something which
concerns the case, and l feel that L
should be derelict in my duty If l per-
mitted the trial to proceed 1 reel tnat
it would be an injustice to the parties
ntgant. For that reason l must dis
miss the jury and have this case trleo
over again.
For two days we have been at work
taking testimony. Each time the jury
went out warned the members against
talking of matters concerning the case
1 know definitely that one of the jurors
violated my injunctionS. speak to
him and of him. The other members OF
the jury are not meant. There is noth-
i, ION he fri r {Tn
here. But this will never happen again.
That 1 want distinctly understood"
Who the guilty juryman is, the
court did not disclose. nor was the
substance of his talk announced. &C
cording to law he could be made to
suffer for his indiscretion- 1t is likely,
however, that he will get a private
curtain lecture on the subject from
either the court or some officers per-
tanning to it.
The attorneys on both sides of the
case were naturally very much annoy
ed. On Mr.. LOOMS motion the case
was continued. The payment of the
costs will be settled when a decision rs
finally reached.
The case was that of Daniel Su1li-
van against the Union Pacific for $25,-
900 damages. Sullivan was an engi-
neer on a. Rock Island train which
ran into. the rear end of a Union Pa
cific freight train. Sullivan lost leg
as a result of the accident. He charged
the Union Pacific with negligence IN
that no rear lights were displayed on
the caboose. On the contrary. the
Union Pacific claimed that Sullivan
was running too fast and ahead of his
orders.
The plaintiff had summoned ten
witnesses and the defendant twenty
two, which promised to make the case
a long one. When the court adjourn
ed at noon a sharp legal battle was on
between N. H. Loomis for the railroad
and l.. G. Boyle for the plaintiff. The
former urged that Sullivan had not
shown a diversity of citizenship in his
making the case amenable
to the federal court. At 1880 o'clock
this afternoon the plaintiff was to an
swer, when the case was suddenly |
by Judge Pollock's summary
dismissal of the jury for violating his