Omaha daily bee., 1910-04-30
CONNOR CASE ICNITES ANEW
Lawyers for Executors File Startling
Affidavits Concerning Trial.
STORIES OF JURY ROOM TOLD
Statements of Members of Panel De-
clare They Decided "Church Had
Enough PrOperty''-derits
Not Considered.

Charges Of improper conduct by people
Interested in the Connor will case and
charges Of improper conduct by members
or the jury are made in seven affidavits
filed by Smyth Smith & Schall in district
court in support OF q motion for a new trial
Of the case.
These affidavits set forth in detail the
alleged improper conduct and will create
some stir in district court circles, adding
vigor to the feeling which this celebrated
will case has engendered in the past.
Patrick Duffy, one of the proponents
and an executor under the Connor will Of
May 10, 1sOs is the first affiant. His af-
fidavit has to do with the behavior Of the
relatives during the hearing and he sets
up that the relatives whom he names
occupied row of chairs on the north side
of the court room In view of the fury
"and that as the testimony of witnesses
was delivered from the stand the con.
testants and their friends from time to
time showed their approval or dlsapproyal
of what was said by smiles, laughter,
grimaces and frowns."
The affidavit by Mr.. Duffy then turs TO
Mrs. Mary Lamb and her children and
says that during a portion OF the argu-
ment to the jury Mrs Lamb took a position
in the northeast corner OF the room In view
OF the jury and about thirty feet away:
that during a large part of the arguments,
and especially where her testimony was
under fire she held her two younger child
rem on her lap one on each knee and each
having an arm around her neck"
Patrick Gleason makes affidavit to the
effect that while C. ]. smyth for the pro-
ponents was addressing the jury an old
LA
door Of the court room, saying so that the
jury could hear, He is a liar" this refer
ring TO Mr.. smyth.
Several AffidavtE.
Mr.. smyth makes affidavit to the same
effect and then says that the opposing at
torneys, ]. ]. Sullivan and James p. Eng
lish. represented to the jury that the at
torneys on the other side appeared for the
Catholic church, This affiant denies this,
saying that his firm was retained by the
executors under the Will.
Hot shot is fired In the affidavit of an
other member OF the same law firm, w. A.
schall, declaring that the children OF Mrs.
Lamb at practically every recess of. the
court played with the Jurors.
Then Mr.. Schall goes on to say that he
observed the attitude, movements and
demeanor OF the contestants ana their
friends and sympathizers. which were we'll
calculated to appeal to the prejudices OF
the Jury ana were the result, as this af-
fiant believes, OF a we'll thought out and
prearranged plan and scheme TO appeal to
the sympathles OF the jury"
Three affidavits by members Of the jury
have been secured and filed with the other
affidavits. A. Meyer swears that when
the jury had retired one man asked how
they should vote and that some one sug-
gested that they vote for Sullivan or for
Smyth because Sullivan represented the
heirs and smyth the church"
Bedrick Dienst bier, a second Juror
swears that the foreman attempted to
read only that part OF the Instructions
which set forth the theory Of the heirs and
that the jury voted on the case without
discussing II. Simon Hieronymous, the