The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1910-08-17
EVERY JUROR IN THE CASE HAS
+ BEEN "APPRoAcHED," 1T
Is ALLEGED.
CONDITION OEPL0RABLE
Judge Presiding in Notorious Illinois
Bribery Case Wants to Know IL
Final Result viii Be Travcsty on
Observation-Disclosures ~ Now Nec-
essary.


Chicago. Aug. l6.--Dcclaring that
practically all Of them had been "ap-
proachcd' In connection with the re-
trial of Leo ONcll Browne. Judge Ker-
;stcn today dismissed u panel of IS
vcnirchian who had been subpocnaed In
thc work OF selecting a jury. Judge
kcrstcn pronounced the situation de
plorablc."
Tho vcnlremcn were Immediately
taken to the office Of States Attorney
Wayman. where Judge Kersten asked
each man If he had been called up by
any one in connection with his posi-
bic service as a Juror. Nearly all an
swcred In the affirmative. They were
then instructed to report In court to-
morrow for further investigation. MIR.
Wayman made the assertion In court
that hc proved by detective that ev-
cry prospective juror was approached,
either directly or through families or
households.
Counsel for Browne asserted that
the vcniremen had been "secn" by
agents Of a third interest. neither de-
fcnse nor prosecution. Interested for
political reasons In the downfall of
Browne.
The First Stir
in the case occurred In the forenoon
session when Emil Weidnerbcrg. vc-
nlreman. said that he had been called
into the office of u physician named
Kelly. crisis was reached later VIXEN
Swan Dahlberg, another. inerrhcr Of
tho panel. stated he had been seen"
by some agent whose real purpose lie
did not know. Dahlberg said this
agent told him. after questionim, him
closely as to his belief In the guilt or
Innocence Of Browne that he need not
answer the subpoena. Dahlbers acted
upon this advice and In consequence
was brought before thcAcourt today to
explain why he should not be adjudg-
cd I'm contempt OF court There he told
his story:
Judge Kersten leaned over his desk
and said solemnly:
the court wants to know IL this Is
going to be fair trial or a trayesty
upon Justice, The situation has reach
cd point where an investigation il
necessary. don't want to blame eith-
or the state or the defense, but some
ono is doing crooked work and | am
ioathe to go on with the case. When
II juror ~ subpOenacd no one has n
right to talk to him. Az 1t Is. probably
every man ON this jury has been APP
preached"
The "Third Party"
Al this period Attorney O'DonnelI
made his accusation against scmc
third party" at which MIR. WayInan
Jumped to his feet.
Il can prove that tho defense las
been systematically calling on all vc-
nlrcmen." he said. MAN after man
has been excused from service on this
Jury and has been taken to my office
where they told me that they had been
approached directly or through mem
bcrs Of their households"
Attorney Erbstcln Of the defense
told reporters that the defense had
nothing tn fear; that he would show
that the agents seeing venircmen were
Working for the prosecution. One ve-
hlreman. whose name was not dis
closed, created further ensation
when tho 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 the
agent to stick out for Browne TIL
Ii froze over"
sixth panel which was ordered Ia
report tomorrow Will be called tonor
row and II II Is found that investi-
gators have been talking to them this
panel VIII also be dismissed.
May Relieve juror
What effect todayss disclosures will
have ON the eight Jurors already sworn
IN can only be guessed. 1t is possible
that they may be relieved of further
duty in the case and the laborions pro
cess of selecting others begun all over
again. Another possibility is that thf
case may be taken to another count,
ON the ground that IL Is impossible
TO get an impartial jury here
The first trial of Browne, charged
with briblng State Representative
White to vote for William Lorimel
Z for United States senator. resulted IL
disagreement, four for acquitta
against eight for conviction. The
work OF selecting new jury for TIL,
re-trial began three weeks ago.