Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-01-25
COUNCIL BLUFFS
DOYLE SPRINGS SENSATION
has Jacob Hershey Arrested on Charge Of
Tsmpering with Jury.
tcao or FAMOUS CASE AGAINST Burns
Defendant Denies the Charge and
Alleges it is only Play TO
secure q New Trial for
g., the Mining Case.


James Doyle. plaintiff in the famous min
ing suit Of Doyle against James r. Burns.
former president Of the Portland Gold Min
ing company Of Colorado. arrived in Coun-
"a Bluffs early yesterday morning. and
shortly after his arrival Jacob T. Hershey
was arrested on a warrant from the court
81 Justice Gardiner. before whom Doyle
had fled an information charging Hershey
with attempting TO improperly influence
Juror The chareg is in connection with
the trial last year 81 the suit which re-
suited in the jury returning a verdice for
Burns. Hershey then retaliated by serving
an Doyle original notice Of suit in the dis
trict court for $4,000 damages for alleged
fslsf arrest and malicious prosecution.
Then Doyle followed up his information
before Justice Gardiner by causing Her
shev'F arrest again on a charge filed be-
fore Judge Thornell in the district court,
accusing Hershey with contempt of court
in that h. attempted 10 influence one or
more 5T the jurors before whom the case
tried last year.
Hershey is said by his attorneys to be
q resident of Colorado Springs but the di-
iectory gives his address as $50 MINISTER
street this city During the trial OF the
Doyle Burns suit last year, Hershey Was
living at the home Of a relative. Mrs. l..
A. Mathis on Fifth avenue He is said
to BE- "A mining promoter. Hershey arrived
in Courcf Bluffs from Colorado Tuesday
night and Doyle, who is said to have fol-
lowed him with the express intention of
securing his arrest here. arrived here yes
terday morning.
Hershey on being taken before Justice
Sardiner gave bond in the sum of $500 for
his appearance today. In the district court
on the charge Of contempt Of court. he fur
nished a bond in the sum of $50 and the
hearing before Judge Thornen was set for
saturday morning Judge Thornell pre-
sided at the trial last year OF the Doyle
Burns suit and ne now has under advise
ment the application OF Doyle for a new
trial
Basis of the Charge.
Il was stated by Doyle's attorneys they
determined on filing charges against Her
shey for attempting to tamper with tn,
jury after working for six weeks on
duo which Doyle secured en- his return Il
Colorado
In support of the charge of cont emp
against Hershey in the district court Doyl
alleged that Hershey obtained a copy o
the attorneys lien of 100000 filed by wrigh
81 Baldwin. counsel for Doyle, upon tn
81 s44T.e0o judgment secured at the former tria
of the suit by Doyle against Burns an
= had shown It to "one more of the jury
whose names are unknown to him." an
told these jurors that in the event of
verdict being returned for Doyle. he woul
not derive any beneft from it, as his al
tOrneys would get the whole amount.
l. ~. Flickinger. attorney for Hershey
speaking for his client following the lat
terss arrest yesterday. said: Mr. Her
sbeE stamps the whole charge made agains
him by Mr.. DOYLE as an abominable II,
ana the charge has evidently been fabri
Gated for the purpose of attempting
influence the court before whom there
now pending Doyle's application for a me-
trial. Mr.. Hershey. on the other hanC
show that Doyle offered him 81, 600
he would make an affidavit in his behal
as to the misconduct Of the Jury
Alleged Admissions of Defendant.
Ia support Of his charge against Hershe
Doyle presented afidavits OF himself
George Marshland and Philip J. Bonergal
in his affidavit Doyle states that learnin
that Hershey was in Colorado Springs h
went there and found him in the of1c
Of firm of mining brokers. He was in
troduced TO Hershey by a member OF tn
firm and after talking with Hershey abou
his mining leases Hearshey said TO Doyl,
You don't remember me-
~ No. ] don't know as ] do answere
Doyle.
This was merely a bluff on Doyle's PAL