The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-08-17
Sensation Sprung in Trial of
Lee O'NeiI Browne in'C City
of Chicago.
NEARLY ALL YENIREMEN
SUBPOENAED, ''APPROACHED'
Judge Dismisses the Whole
Panel and Orders Rigid
Investigation.

CHICAGO, Aug. 1G.-Declaring tina.
practically all OF them had been ZAP
preached In connection with the retrial
OF Lee O'Neil Browne. Judge Kersten TO-
day dismissed a panel OF seventy-five
veniremen who had been subpoenaed in
the work OF selecting jury
Judge Kersten pronounced the situation
"deplorable."
The venircmen were Immediately taken
70 the ofhce OF States Attorney Wayman.
where Judge Kersten asked each man nv,
name II he had been called upon by any-
one In connection with his possible serv-
ice as juror. Nearly all answered in
the affirmative. They were instructed 10
report In court tomorrow for further in
Yestisation.
Mr- Wayman made the assertion In
court that he could prove by a detec
i've employed by the defense that the
latter had systematically sought out ev-
cry prospective venireman. either by d.
rect approach, or through families or
Explanation of Defense.
p. II. oDonnell. of counsel for Browne.
asserted that the venIremen had beer,
seen by agents of a third Interest
neither defense nor prosecution interest.
ed Tor political reasons In the downfall
of Browne.
The irst stir in this development q,
the case occurred during the forenoon
session. when Emil Wennerberp a ve
hireman, said that he had been called
Into the office of one Dr. Kelly. While
Wennerbers did not go into details his
intimations caused Judge Kersten TO or
court. '' i''
The situation reached a crisis later who,
swan Dahlberg. another member of ths
panel, stated that he had been tseen"
py some agent, whose real purpose he did
not know Dahlberg said this agent told
hin after questioning him closely as 10
ms belief In the guilt or innocence OF
browne, that he need not answer the sub
poena. Dahlberg acted upon thia advice
and, III consequences. was brought befors
the court today TO explain why he should
not DC ad1udged In contempt of court
There he told his story,
Judge Is Aroused.
Judge Kersten leaned over his desk and
said solemnly:
THE court wants TO knou 10 tb,, q,
going to DO a fair trial or a trayesty
upon justice. The situation has reached
point where an investigation Is nee
essdry. l don't want to blame either the
state or the defense. but someone is do
ing crooked work and 1 am loath TO go
on with the case- When juror is sub
binn bGghaed no one has a right to talk to
this jury has been approached
At this period Attorney o'DonneIl
made ms accusation against some third
to his feet. '-''' '1'''pe0
II can prove that the defense has been
systematically calling on all veniremen.''
he said. Man after man has been ex-
eused from service on this jury. and has
been taken TO my office. where they told
me they had been approached. directly
or through members OF their Households
Blames Prosecution.
Attorney Erbstein OF the defense told
reporters that the defense had nothing
TO fear; that they would show that the
agents seeing veniremen were working
for the prosecution.
one venireman. whose name was not
disclosed, created a further sensation
when the panel had been taken TO the
states attorneys office, There was q
hurry call for stenographer. mem-
Der OF Mr., Waymans staff said the
veniremeu had been asked by an agent
freezes over"
y sixth panel. which was ordered to
report tomorrow will be. called tomor-
row and II It found that investigators
have been talking to them, this panel
will also be dismissed.
What effect today's disclosures will
have on the eight jurors already sworn,
Il can only be gussed
1t is possible that they will be relieved
of further duty in the case and tina
laborious process Of selecting others be-
gun all over again. Another possibility
is that the case may be taken to an
other county on the ground that 1t Is
impossible TO get an impartial jury hore.
The first trial of Browne, charged with
vote for William Lorimer for United
States senator. resulted in disagree
ment four for acquittal against eight
for conviction. The work of selecting a
new jury for the retrial began three
weeks ago,