The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1910-11-03
ATTORNEY FOR Lee
O'NEIL BROWNE
IS INDICTED
Charged With COrrupting Juror
on Bribery Trial
ALLEGED PAYMENT SIS
indicted Lawyer, C. E. Erbsten, Pro-
tests Innocence and Claims
Persecution by States Attorney

Chicago, Nov. 3.-Charles e. Erb-
stein. one of the attorneys for Lee
O'Neil Browne, who was recently ac-
quilted of a charge Of bribing State
Representative Charles A. White to
vote for William Lorlmer for United
States senator, was indicted yester-
day. charged with corrupting a men,
Der Of the jury which cleared Browne
The Juror in question, Grant McCut-
chen, and Henry T. Stacy, alleged go
between, according to the stories
they told State Attorney Wayman, re-
ceived $3.50, which they divided
equally, for McCutchen's vote on the
verdict.
The first trial of Browne resulted
in disagreement; the second, IN
which the alleged bribery is said to
have figured, in a verdict Of not gull
ty. Among the witnesses for the
state were three state representa-
tives. who asserted on the stand that
they received $1,000 cash for their
votes for Lorimer. Immediately af-
ter the case went against the prose
cution, State Attorney Wayman be-
gan an investigation Of numerous ru-
mors concerning attempts to tamper
with veniremen. A week ago he got
a clew which led to McCutchen. He
and Stacy disgruntled at the small
sum which they say they received,
told Of receiving $3.50.
Stacy, McCutchen said, expected to
receive large sum Of money for his
was working on a small salary, he
said, and rumors that there was plen-
ty of money available in Brownies
behalf were temptation that he
could not resist when he found oppor-
tunity. in the form of his friend Nc
Cutchen on the jury, knocking at his
door. According to his story, Stacy
sought out State Representative En-
ickson and asked how he could mar
ket McCutchens vote. Erickson,
Stacy said, replied that he was not
personally interested 10 the case, but
would put him in touch with some
one who was. Soon afterward, Stacy
asserted, he was introduced 10 Erb-
stein. Meanwhile Stacy had COM
municated with McCutchen. The
Jury was closely guarded, but Stacy
said he managed to arrange q code
of signals by which the Juror would
know whether the financial arrange
ments with Erbstein had been CON
sunimated The high sign was one
of these signals, and another was the
word stick.
CcCutchen received the signals
and, according to his own story, be
came a partisan OF Brownies at once.
He voted for acquittal on the first
ballot, and arranged 10 bring others
to his side When the time came 10
realize on his (McCutchen'sl alleged
perfdy, he and Stacy went to Erb-
STEMS Office, so they declare. They
thought there would be at least
$4,000 In cash and also easy iabs. Ac
cording TO Stacy, they could scarcely
believe their eyes when the lawyer
gave them only $500 Later. they
said, he gave them $3.50 more. Stacy
testified before the grand jury thai
he made nearly so visits to the law
yer's office, looking for more money
and Jobs. but without success. Final
~ Stacy said he was told that IN,
$3.50 was all there was In It for them
He was wroth. McCutchen demurre'
to going to the state attorney. where
at Stacy said he would 20 alone Nc
Cutchen then reluctantly agreed L
act with him. The indictment wa
not unexpected by Mr. Erbstein. HI
said that States Attorney Waymai
had been trying to get him" 70
years and that the Indictment wa
merely an incident of persecution b.
the states attorney He assevcrai
ed that ne was not ruiltv