Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-08-17
BROWNE TRIAL
SUDDENLY
HALTED
WHOLESALE EFFORT TO
FIX JURORS CHARGED
Prosecution Claims Every Pro-
spectNe Member Of Panel to
Try Bribery Case Was Ap-
preached By EmiSSarieS,


~ Morning journal special Leasea Wirei
( Chicago. Aug. 16--Dcclaring that
/ practically all of them had been ''ap-
preached in connection with the re-
. trial of Lee O'Neill Brown, Judge
Kersten today dismissed a panel of
sevcnty-five veniremen who had been
subpoenaed in the work of selecting
a jury.
Judge Kersten prosounced the situ-
alton "deplorable,'
The Vcniremen were Immediately
taken to the office of States Attorney
Wayman, where Judge Kersten asked
each man name If he had been call
ed upon by anyone in connection with
his possible services as "A juror. Near
~ all answered in the affirmative
They were instructed to report in
court tomorrow for further investiga-
ton
Mr.. Wayman made the assertion in
court that .he could prove by a de-
teetive employed by the defense that
the latter had Systematically sought
out every prospective Venireman,
either by direct approach, or through
families or households.
f. II. O'Donncll, of counsel for
Browne. asserted that the veniremen
had been seen" by agents of a third
interest neither defense nor prosec-
tion, interested for political reason In
the down fall Of Browne
The first stir in this development
of the case ocurcd during the fore
noon session when Emil Wennerberg.
a venireman, said that he had been
called into the office of one, Dr.. KEEL
ley While Wenderberg did not go
into details his intmations caused
Judge kersten to order the produc-
tion of the physician in court.
The situation reached a crisis la
ter when Swan Dahlberg, another
member Of the pact stated that he
had been Seen" by some agent whose
real purpose he did not know. Dahl
berg said this agent told him. after
questioning him closely as to his be-
lief in the guilt or innocence of
Browne, that he need not answer the
subpoena,
Dahlberg acted upon this advice
and consequently was brought before
the court to explain why he should
not be adjudged in contempt Of
court. There he told his story.
Judge Kersteu leaned over his
desk and said solemnly:
THE court wants to know il this
is going to be fair trial or a travesty
upon justice. This situation has
reached a point where an investiga-
ton is necessary. / don't want to
blame either the 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 1t
is, probably every man on this jury
has been approached
Az this period Attorney O'Donnell
made his accusation against some
third party" al which Mr.. Wayman
jumped to his feet.
II can prove that the defense has
been Systematically calling on all
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 APP
preached. directly or through mem
bers of their households"
Attorney Erbstein, of the defense told
reporters that the defense had moth
ing to fear; that they would show that
the agents seeing veniremen were
working for the prosecution.
One venireman, whose name was
not disclosed, created q further sem
sation when the panel had been taken
to the states attorneys office. There
was hurry 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 Brown
till H. freezes over"
A sixth panel which is ordered to re-
port tomorrow will be questioned and
II is is found that investigators have
been taking to them. this panel Will
also be dismissed
What effect todays disclosures will
have on the eight jurors already
sworn in can only be conjectured.
IL is possible that they may he re-
lleved of further duty in the case and
the laborious process of selecting
others begun all over again. Another
possibility is that the case may be
taken to another county on the ground
that it is impossible TO get an impart-
ial iury here.
The first trial Of Browne. charged
with hribing state Representative
White to vote for William Lorimer
for United states senator. resulted in
a disagreement, four for acquttsi
against eight for conviction The
work Of selecting a new jury for the
re-trial began three weeks ago.