The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-08-17

Badly Mixed and No One Can Tell
just What the Outcome
May Be.

Chicago, August 16.--Declaring that
practically all of them had be~-a pur-
chased In connection with the retrial
of Lee o'Neil Brown. Judge Kersten
| today dismissed a panel of rs vsnire-
men who had been subpoenaed In the
work of selecting a jury. Judge Kers-
ten pronounced the situation "deplora-
ble." The veniremen were Immediate
lily taken to the office Of States At
torney Wayman, where Judge Kers-
ten ask ed each man by name If he had
been called upon by any one In con-
nection with his possible services as a
nrmative. They were instructed to re-
port in court tomorrow for further in
vestigation.
| Mr.. Wayman made the assertion In
court that he could prove by a detec-
tive employed by the defense that the
latter had systematically sought out
every prospective venireman either by
direct approach, or through members of
their respective families, or house.
holds
P. H. O'Donnell, of counsel for
Browne, asserted that the veniremen
had been seen" by agents of third
interest, neither defense nor prosecu-
ton interested for political reasons in
the downfall of Browne.
The first stir in this development of
the case occurred during the morning
when Emil wernerberg, a venireman.
stated that he had been called into
the office of one DR.. Kelley. While
Wernerberg did not go into details In
court, his intimations caused Judge
Kersten to order the production of the
physician in court.
Crisis In Reached
| The situation reached crisis later
when Swan DahIberg. 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 hfs belief in the
guilt or innocence of Browne, that he
need not answer the subpoena. Dahl
berg acted on this advice and was in
consequence brought before the court
today to explain why he should not be
Judged In contempt of court. Then he
told his story. Judge Kersten leaned
over his desk and said solemnly:
The court wants to know II this is
going to be fair trial or traversty
upon justice. The situation has reached
| a point where an investigation is neces-
snry. don't want to blame either
| state or the defense. but some one Is
doing crooked work and am loathe to
go on with the case. When a Juror
Is subpoenaed no one has a right to
talk to him. As it is, probably every
man on this jury has been approached"
AT this point Attorney ODonneIl made
htu u-ctt tuo
at which Mr.. Wayman jumped to his
feet
| II 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 onice. where they told mo they
had been approached. directly or through
members of their various households''
| Attorney Erbsten 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.
Another Sensation
One venireman, whose name was not
| disclosed, created further sensation
when the panel had been taken to the
state's attorneys office There was a
hurry call for stenographer A MEM
Der of Mr.. Wayman's stan said the We
niremen had been asked by an agent to
Stick 1t out for Browne until hell
| freezes over A sixth panel, which was
re-ordered tomorrow, will be questioned
and II 1t Is found that Investigators have
been talking to them. this panel will be
| dismissed also.
What effect todays disclosures Will
| have on the eight Jurors already sworn
| in can only be conJectured. 1t is pos
sible they may be relieved of further
duty In the case and the laborious pro-
cess of selecting others begun all over
again.
Another possibility Is that the case may
be taken to another county on The
grounds that It Is impossible to select
an impartial jury in this county.
| The first tris Of Browne. charged with
bribfng State Representative WhjTe to
vote for William Lorrlmer for United
States senator, resulted In Disagree
ment-four for acquittal against eight for
conviction The work of selecting new
| jury for the restrial began three wecks
| ago progress being slow, owing to the
fact that the great majority of the We
nremen claimed to have formed opinions
during the first trial.
|