Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-11-22
JUDGE SUMMARILY
DlSMlSSES JURY
COURT TAKES DRASTIC ACTION
BECAUSE OF MISCONDUCT
OF ONE JUROR
Trial Of Heckart VS.. Estate Of Levi
Woods Case Almost Completed
Must Now Be Tried Agaln-story. Of
the Suit.

From Tuesdays Daily.
Judge F. W. Eichelberger summar-
lily discharged the jury in the case OF
Louise Heckart vs. the administrator
of the estate of Levi Woods, yester-
day The case had almost reached
its conclusion after trial lasting for
nearly eight days. The cause Of this
drastic action was the misconduct of
one Of the jurors, who had expressed
an opinion on the case contrary to the
instructions of the court.
The matter was brought to the at
tention of the court in the afternoon in
conference held by the court and
counsel for the plaintiff and the de-
PENDANT.
Returning into open court, the
judge ordered the jury discharged,
stating that it would be useless to con-
tinue with the trial since no matter
what the verdict Of the jury would be,
it would have to be set aside, under
the showing made against one of the
jurors.
Attorneys overFear Conversation.
No charges of a criminal nature have
been made and it is not known that
there will be any such charges filed.
According to the statement made this
afternoon by Charles d. Fullen, one OF
the attorneys for the plaintiff, I. T.
Flint, one Of the jurymen, left the
court house this noon after court had
adjourned, in company with G. G..
Fielder, who has been witness in the
case for the defendant. Attorneys Full
len and Gilmore for the plaintiff over
took them as the two were walking
away from the court house and over
heard them conversing about the case.
Mr.. Fullen said, Mr.. Gilmore stop
ped them and cautioned Fielder. AS
he did SO. Flint dropped back and walk
ed with me. He said that this CONVEX
sation did not affect him at all as he
had already made up his mind. Since
the trial was not completed, this of
course was not the thing for jury
man to say and we felt called upon
to call the attention of the court to
the matter. The result you know"
Instructions Are Disregarded.
Continuing Mr.. Fuller said: "The
reason we chose to make point IF
this incident is not that there is any
personal feeling against Mr.. Flint or
Mr. Fielder, or that we did not believe
that we could get fair trial from Mr..
Flint and the rest of the jury. But we
did want to call the attention OF the
court and the public to the way in
which the instructions given by the
| judges to juries are disregarded III
Wapello county,"
During every jury trial the Judge
admonishes the jury twice each day
not to talk with any outsiders or with
one another about the case, and not to
make up their minds as to the merits
Of the matter until it is finally submit
| ted to them.
History Of the Case.
The case itself is a remarkable one.
Louise Heckart sued Levi Woods for
$4,000 damages because ofinjuries al
legged to have. been received from an
assault, which the plaintiff claims
was made upon her December 49,
1903. April 20, 1903 Woods was killed
by John Harris, a negro. Harris was
tried and convicted of manslaughter,
being sentenced to three years in the
penitentiary on Dec. ~, 1904. Be-
cause Of Woods death, the Heckart
case could not be- brought to trial un-
til the appointment of an administra-
| tor had been made. This caused de-
lay, SO Cnat tne case dld not come into
court until Nov. IL. During the past
seven days the trial has been on, the
case proving to be long drawn-out
legal battle. 1t had today, however,
almost reached it's conclusion. Attor-
ney Fullen was making the closing ar
gument for the plaintiff when court
| adjourned this noon.
1t was as Juryman Flint left the
building at the noon recess that he
and Fielder talked about the case and
Flint made the statement that result
ed in the discharge Of the jury 1t is
possible that the case will come to
trial again this term.
i C. D. Fullen and Gilmore & Moon
are the attorneys for the plaintiff in
the trial and Steck, Dougherty and
Steck the attorneys for the defense.