Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-06-27
NEW SENSATION IN
LAND FRAUDS CASE
Counsel for Hyde and SChnei-
der Prefer Charges.
MISCONDUCT IN JURY ROOM
Say Members of Panel Agreed Con-
trary to Judgment.
TO BE DISCUSSED OCTOBER 9
Justice Stafford Sets Aside Date for
Hearing-Attorney Donaldson
Submits an Affidavit.
IN JURY ROOM
TO BE DISCUSSED OCTOBER 9

Misconduct of the jury after the
case was submitted to it, amount
ing to barter of the liberty OF
Frederick A. Hyde and Joost H.
Schneider OF San Francisco, to ef-
feet an agreement upon a verdict,
is alleged by Hyde and Schneider,
recently convicted of conspiracy to
defraud the government of public
lands. in an additional assignment
of reasons for a new trial.
This supplemental re n
charges that the verdict was the re-
suit OF an agreement among the
Jurors that if some of their number
who held a different view would
agree to convict the two men other
jurors would vote to acqult Ben
son and DimOnd.
The Hyde Benson Dimond Schneider
land-fraud conspiracy trial, already a
matter of history so far as the actual pro-
ceedings in court are concerned. furnished
still another sensation today when it be-
came known that the principal basis of the
motion for a new trial on behalf of
Messrs. Hyde and Schneider, who were
declared guilty by the jury at the close of
the trial last Monday, was that of mscon-
duct in the jury room.
In such positive terms did this alleged
misconduct seem to be Indicated that At
torneyS WorthingtOn and Donaldson, on
behalf of the defendants Hyde and
Schneider, respectively, set it forth at
length in their motion, and this phase OF
the case, together with other portions of
the effort to secure new trial for the two
convicted men, will be argued. at length at
the beginning Of the next term of court
in the fall.
Justice Stafford was informed of the
substance of the charges yesterday after
noon as he was about to leave the city
for his summer vacation. and he caused
Samuel McC. Hawken. clerk OF his court.
to enter an order setting aside October 9
next for the arguments.
Text Of Motions.
Identical motions were filed yesterday
afternoon at o'clock, the last moment
permissible under the court rules for the
filing of motions for new trials, on behalf
of Messrs Hyde and Schneider and, after
The Stars report closed yesterday after
noon, the specification of alleged unfair
dealing in the jury room was drawn by
Attorneys WOrthlngtOn and Donaldson in
the following language:
Now come the defendants Frederick A.
Hyde and Joost H. Schneider and move
the court TO grant a new trial in this case.
because of misconduct of the jury, among
other things. in this, that their verdict
against the defendants was the result OF
an agreement made in the 5uryrOom, after
the jury had retired to consider their ver-
diet. between some of the jurors, whose
Judgment and opinion on the evidence was
Sln hn cnrl
victed, and others of the jurors whose
judgment and opinion on the evidence
was that all the defendants should be ac-
quilted, and which agreement was In sub
stance that if those of the jurors who
were in favor of conVicting the defendant
Benson would join in a verdict OF acqult-
tai as to him, those who were in favor OF
acquitting the defendant Hyde would
join IN verdict of conviction as to him
and that if those of the jurors whose
opinion on the evidence was that all the
defendants should be convicted would
vote for the acquittal of the defendant
D;mond, those who were in favor OF ac-
quitting all the defendants would vote
for the conviction OF the defendant
Schneider
Attorney Submits Affidavit.
Motions for new trials have been filed
in hundreds of cases in the criminal
branch of the District Supreme Court
but feW. lnQeeQ, nave Deen SuppOTlcu py
such extraordinary affidavits as those
which accompany those made In the In
terest of Messrs.- Hyde and Schneider
The affidavit made by Mr.. Donaldson may
be taken as a sample OF BOTH lt Is IL
this language:
Il, r. Golden Donaldson, on oath say
that l am of counsel for the defendant
Joost H. Schneider, and have, as his at
torney, signed the motion for a new trial
The grounds set forth in paragraph mum
bered 10 of said motion are based upoI
information, which l believe TO be true
obtained by me from two OF said jurors
Sterling ]. Gardner and Joseph Baruch
/ have personally requested said Gardner
and another Of said Jurors. John J. Nolan
TO make affidavit in respect to the allie
cations made in said paragraph 10 bu
they both declined TO do So upon the ad
vice of their own counsel, saying they
would make no statement in regard Il
the matter unless required 10 do so by the
court.
This affidavit is made by me instead
of my client, Joost III. Schneider. for the
reason that he has left the District of Co.
Iumbia and is now. | believe. on his
way to his home in Tucson, Ariz-
This affidavit is executed at 3:&
o'clock the afternoon of Friday. June
81 1908. hut half hour before the
time within which. under the rules Of
court the motion for rev trial must be
fled and it is impracticahe for me within
that time to apply to the others of sale
fidavits or information to the truth o.
The allegations made in said paragraph
numbered ten.
Statement by Juror Catlin.
The possibility of compromise in th'
juryroom during the three-day deib
Grafton over the verdict in the Hyde
Benson Dimond- Schneider case was dis
cussed this morning by Elmer II. Catlin
one of the twelve men who decided th'
fate of the four defendants.
There was a tentative agreement he
fore we finished our deliberations tla
none of the proceedings in the juryroon
woulG be diVuged. he said. and | q,
not feel at liberty To say what other
on the panel did Each of US reserve,
the right TO state the ways in which hi
own vote was cast. and | have no hest
/ fancy in saying that | was one of th
eight who originally voted for conviction
OF all four men. Subsequently | assente
TO the acqulttal of Mr.. Benson. ant
finally to the elimination also of Nj
Dimond."