Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1910-08-17
Prospective Jurors Admit Being
Approached; Judge Says Sit
uation Is DepIorabIe
LAY BLAME ON THIRD PARTY
Claim Men Seen by interests Not
Aligned on Either Side
of the Case
Associated Pressl

CHICAGO, Aug. 16.-Declaring' that
practically all of them had been ZAP
preached in connection with the re-
trial of Lee ONeill Browne, Judge
Kersten dismissed today a panel of
seventy-f1ve veniremen who had been
subpoenaed in the work Of selecting
jury.
Judge Kersten pronounced the sit
uation "deplorable."
to the office of States Attorney Way
man, where Judge Kersten asked each
man by name If he had been called
upon by anyone in connection with his
possible services as Juror. Nearly all
answered In the affirmative. They
were instructed to report in court to-
morrow for further investigation.
Mr.. Wayman made the assertion In
court that he could prove by a de-
tective employed by the defense that
the latter had systematically sought
out every prospective venireman,
either by direct approach or through
families or households.
P. O'Donnell, of counsel for Browne,
asserted that the veniremen had been
seen by agents of a third interest,
neither defense nor prosecution, inter-
ested for political reasons in the down.
fall OF Browne.
YENIRENIAN CONFESSEs
The first stir in this development of
the case occurred during the forenoon
session, when Emil Wennerberg. a
venireman, said that he had been called
into the office of one DIR. Kelley. While
Wennerberg did not go into details, his
intimations caused Judge Kersten to
order the production Of the physician
in court.
rrl. later
when Swan Dahlberg, another member
of the panel, stated that he had been
"seen" by some agent whose real pur-
pose he did not know. Dahlberg said
this agent told him after questioning
him closely as to his belief as to the
guilt or innocence of Browne that he
need not answer the subpoena.
Dahlberg acted upon this advice anC
in consequence was brought before the
court today to explain why he should
not be adjudged in contempt OF court
There he told his story.
Judge Kersten leaned over his desk
and said solemnly:
1.-THE court wants to know If this
is going to be q fair trial or a trav-
esty upon justice. The situation has
reached a point where an investiga-
ton is necessary. don't want to blame
either the state or the defense, but
SOIIlO Oil6 Is COllA5 ClOOhOQ NOAh oAiN
I am Ioath to go on with the case.
When a juror is subpoenaed no one
has a right to talk to him. AS 1t is
probably every man on this jury has
been approached"
ACCUSE THIRD PARTY"
At this period Attorney O'Donnell
made his accusation against some
third party" at which Mr.. Wayman
jumped to his feet.
Il can prove that the defense has
been systematically calling on all
veniremen," he said. man after man
has been excused from service on this
jury and has been taken to my office
where they told me they had been
approached, directly or through men,
bers of their households"
One venireman, whose name was not
disclosed, created a further sensation
when the panel had been taken to the
states attorneys office. There was a
hurr- call for a stenographer. A
member of Mr.. Wayman's staff said
the venireman had been asked by an
agent to "stick it out for Browne till
hell froze over"
A sixth panel which was ordered to
report tomorrow will be cautioned,
and II 1t is found that any investiga-
tors have been talking to them, this
panel also will be dismissed.