Los Angeles herald., 1905-02-03
ASSERT JUROR
WAS PREJUDICED
ATTORNEY TO ASK NEW TRIAL
FOR CARPENTER
Another Member Of the Jury Accused
Of Being Asleep While the
Case Was Being
Tried

Charging certain Jurors with i'm
proper conduct, c. M. Carpenter. the
officer formerly connected with the So
ciety for the Prevention of Cruelty to
Animals, who was recently convicted
by jury in Judge Smiths court of the
crime of granddaughter for having
killed Christian David Frey at cock
ing main May 1, hopes to secure a new
trial
Affidavits containing charges were
filed yesterday by Attorneys Earl Rog-
ers and Luther Brown, and Monday
they will present arguments on their
motion for new trial.
The first affidavit is sworn to by NJ
w. thinner, chief officer of the So
ciety, who says that January 81, while
at Sunland in this county, at which
place L. T. Rowley, the foreman Of
the jury which convicted Carpenter,
lives, he was informed it was the COM
mon talk of that vicinity that Rowley
had on numerous occasions after the
trial of the case boasted of what he
had done in Los Angeles as a juror
in the Carpenter case.
thinner asserts 1t was common talk
at Sunland that Rowley had boasted
he had more to do with the conviction
of Carpenter than had any other per-
son.
thinner Makes Affidavit
In another affidavit, sworn to by the
chief humane officer, he declares that
on November 49, in company with A.
j. Little, Mrs. N. W. thinner and Miss
Elizabeth Muller, he went to Sunland
for the purpose of investigating GER
tain complaints that had been made
to the society concerning the stock
owned by Rowley.
In his affidavit thinner says the
party investigated the stock owned by
the foreman of the Carpenter jury and
found ten CATTLE in poor and ema-
ciated condition.
thinner says he informed Rowley of
the result of his investigation, and at
that time he says Rowley admitted he
was working a manned horse.
On this occasion it appears the Of
ficers told Rowley to give the lame
horse vacation, besides ordering him
to feed his stock
The officer also says Rowley testified
in the court room that he was unac-
quainted with any officers of the HUI
name society," which statement thinner
characterizes as false.
According to Zimmer,s affidavit it
appears he again visited Rowleys
place at Sunland January 81, at which
time the officer claims Rowley acted
in defiance Of his request to provide
sustenance for his cattle.
The affiant asserts that Rowley
has at all times since the investiga-
ton of the alleged starving condition
of his cattle borne an i'll will and i'll
feeling against the Society for the Pre-
vention of Cruelty to Animals.
Says Juror Slept
William M. Appel has sworn to an
affidavit in which he says he was pres
ent during the trial of Carpenter, and
that during the examination of one of
the witnesses in the last part of the
named Kilburn, who, according
to the statement made by Appel, was
asleep.
Appel says that Kilburn was aroused
by Deputy Sheriff Bert Franklin. who
stepped to the judges bench and spoke
to Judge Smith, and Immediately af-
terwards walked over toward the jur-
ors' box, got a glass of water, and
stepping around Kilburn's seat, touched
him on the arm.
Appel says the other jurors noticed
this movement on the part of the
deputy sheriff and smiled.
Mrs. Elizabeth Muller, the secretary
of the society, also swears to an af-
fidavit in which she relates an investi-
cation of Rowley's cattle in the month
of November last.
officer A. j. Little, one of the party
conducting the investigation of Row.
ley's stock, also swears to an affidavit,
in which he charges Rowley with un-
due defiance to the dictates of the Of
ficers touching the proper care of his
stock.
Ex-Governor Gage, as special coun-
sci for the prosecution, was served
with copies of the affidavits yesterday.
Unless Judge Smith grants Carpen-
ter a new trial, the convicted man will
be sentenced Monday at the conclusion
of the arguments on the affidavits filed
yesterday.