The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-04-24
A JUROR TALKED,
Scandal Develops in the Heck
Case.
NJ. Y. Cunningham, Of Auburn,
the Offender.
AT PASHO RESTAURANT
Took Meals at Place Where
Heck Lived.
Vote at One Time Stood Eleven
for Conviction.
AT PASHO RESTAURANT

the Jury which heard the Carl Heck
case in the district court was dis
charged at o'clock Sunday morning
after it was determined that there was
no chance of the jury arriving at a
verdict.
When the first ballot was taken the
Jury stood six for conviction and six
for acquittal. On the following bal
lots the vote stood, at one time, seven
for conviction and I'VE for acquittal:
The Jurors changed their ballots and
at one time the jury stood eleven for
conviction and one for acuuittal and
stood that way for. some time. One
Juror announced positively that he
would never vote for conviction This
hung the jury. On the last ballot the
vote stood three for acquittal and nine
for conviction
When it was found that the jury
could not agree Judge Dana was in
formed of the inability of the jury to
agree and the jury was discharged.
This means another trial of Heck on
the charge of highway robbery upon
w. F. Kuntz, the night of January g.,
and the trial cannot be held until the
September term of the district court.
In the meantime Heck's attorneys will
endeavor to have the prisoners bond
reduced from $4,000. Heck has been
unable to give the bond and has been
in the county jail since his arrest
The members of the jury which
heard the evidence in the case We're:
Phil Christman. G. P. Gin. c. John
son, A. P Benson, T. Bell. E. B.
Woodruff, James Palmer, NJ Y. Gun
ningham, J. A. Reece, J. w. Upper,
A. T. Allen and c. G. Harrison.
Saturday afternoon it was brought
to the attention of Judge Dana that
of Auburn, had disobeyed the order of
the court not to talk with anyone
about the case and two men. who
heard the remarks made by Cunning
ham, were taken before Judge Dana,
in the court chambers, and they told
of what they had heard.
When the assault was committed
upon KUntz Cal Heck and John Croft
the two men charged with the assault
were living at the Pasfo restaurant.
on Sixth street near Van Buren. and
just around the corner from the place
where the assault was committed
Heck's sweetheart and his parents and
sisters and his friends made the
Pasho restaurant their headquarters
much of the time and the Heck family
stopped there part of the time while
in Topeka.
Saturday noon when the jury was dis
missed for dinner Cunningham went to
the PaSnO restaurant. Under Sheriff Lucas
saw Cunningham go to the restaurant and
followed hIm there. Lucas found the two
men who heard Cunningham say while
he was on the jury, that leniency ought to
be shown Heck and that the penalty seem
ed too severe Heck was tried on the
/ cnarge OF highway robbery on the person
OF kuntz. The penitentiary sentence for
highway robbery is from 10 to d years.
Had Heck been tried for assaulting with
intent to kill the maximum sentence would
have been ten years.
When the jury disbanded for the dinner
hours or for the night thea Jurors were
carefully instructed by Judge Dana, as
IS done in every case, that they should
talk to no one in any way about the case
no of bn faI T7,
commenting upon the case as he did, Cum
nlngham was guilty of contempt of court,
but he was let off with a reorimand
On account of the overwhelming evil
dence against Heck it was surprise to
those who had followed the case that the
jury should disagree, as 1t seemed impos-
sible that the jury could do anything but
find a verdict of guilty.
This incident in the Heck case of a
juror breaking the rule of the court by
talking will probably result in a change
OF the system of caring for juries in the
district court and before another term of
court it is likely that better quarters will
be provided for the jury and that from
| the time jury is sworn to try q case un-
I'll the jury is discharged the u men viii
not be allowed to separate. The system
that has been followed for years is that
the jury is excused at meal times and
night and the jury separates It is not
unlikely that quarters will be. provided for
the juries and that they will be kept to
gether in charge of an officer and viii
not be allowed to separate.
At present there is but one small stuff
~ little room IN the court mouse Tor the
use Of juries. When the jury is excused
the members have to go through the
| crowded corridors, down the dark stairs
/ from the second flood to the basement to
reach the toilet room and run the gaunt-
let of loafers and hangers-on in the halls
and stairwaxs. The jury could be pro-
vided with suitable quarters IN connection
with the court room and not have to GO
| through any crowded halls.
In many instances illegal practices have
4 been tried in these corridors and follow
/ ing a very large civil case tried not long
I ago in which a large sum of money was
+ involved, a jurynan reported to the court
+ of an attempt on the part of some one
/ in the dark corridors to approach him on
4 the subject of the verdict in the case.
! These instances are known to the court
! and Judge Dana is in favor Of more suit
/ able quarters, allowing of a proper hand
/ ling of the juries. Another rule which
should be followed, but which has not al
! ways been adhersd to, is that of not al
! lowing the juries to separate for meals,
! but to be taken to a restaurant together
/ in charge of an officer.
/ If these reforms are carried out, and
they should be- it will be a matter of
small expense to provide cots and sleep
ing quarters in the court house for juries
4 when it is necessary for jury to be kept
/ together during the night.
Judge Dana fixed the pond OF Gavin
Heck at 5000 at o'clock this afternoon