Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1906-11-16
cHARCESC0ERCION
J. s. Rogers. of Moline, Juror in
Mackin Case, Says He Did
Not Sign Willingly.
COMPLAINS TO JUDGE GEST
Development May Mean New Trial and
Change of Venue-vote Stood II
to 1 for Contestants.

Something of sensation was sprung
at the court house today when ]. S.
Rogers OF Moline. one of the jurors in
the Mackin will case. declared that he
had been intimidated and coerced into
signing the verdict of the jury in favor
of the contestants. MIR. Rogers this
morning had an interview with Judge
Gest. ard il is understood that he COM
planned To the judge that he had not
signed the verdict willingly, but had
practically been forced to sign. it. 1t
is also understood that Judge Gest in
formed Mr. Rogers that his complaint
should lave been made yesterday, be-
fore the verdict was returned in the
court Rogers also sought the states
attorney,and the attorneys for the pro-
ponentS.
,Nay Mean New Trial.
The jury was not polled yesterday |
when the verdict was returned and it |
is possible that if it had. it would have
developed that the one juror did not
agree with the others. What course !
will be taken is not known, but it is |
likely that the attorneys for the pro-
ponents will ask for a new trial of the
case and use the attitude and state
ments of Mr.. Rogers as an argument. |
Ii is claimed that Mr.. Rogers, while |
residing in Henry county. once stood !
out against the other members of |
jury at Cambridge for over ~ hours.
The developments of the day were
the subject of much comment by the
henderson, the bar, and there is much |
~,
bic outcome is that a new trial will be |
granted. and this followed by change
of venue7,from the judge by one side
and change of venue from the county
by the other.
Furfher Litigation Probable.
Ii is generally understood that the
proponents of the will will not accept
the verdict in the court here as final,
but will continue the legal fight. either
in the circuit court here or in the high
er courts.
1t is said that the jury first stood 10
to 2 for the contestants, then to >,
and ON the next ballot. and on each
succeeding vote until the last the jury
stood IL to 1 for the contestants. None
of the jurors will discuss the proceed-t
ings in the jury room further than toi
generally deny that any influence was q.
exerted on Mr.. Rogers other than in
situations that his attitude gave
grounds for suspicion that his opinion
might have been the result of some
other consideration than of the evil
dence.
Jury Explained Situation.
Yesterday morning, after the jury
had deliberated all afternoon and night,
the jury reported to the court that the
vote stood IL to /. and that the one
juror had declared that he never would
give in to the majority. The jury was |
instructed to continue its session until
2 o'clock in the afternoon, when the l
court would decide whether to allow a
report of disagreement Before 2ls
O'Clock the jury had agreed. and the
verdict was returned. Il
Il Hearing Arguments.
Judge Gest yesterday and today
heard further. arguments on the demur-
rer of the city and other defendants in
the Schneil-Tappendorf injunction bill.
A list of motions has been set for
hearing next week. There will be no
jury trial until Nov. &c.
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