Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1910-11-22
JURY MTCDEEDS ARE CHARGED
John Kemmsrling, Missing venirs-
man, Figures in New Affair.
INTIMIDATION is NOW ALLEGED
JurynsHn Named ". shapiro Makes
Affidavit ne was threatened aud
and BuudoEed IN the suit
Against Ferer.

Charges that NJ. shapiro was inundated
and forced by threats 10 agree on YER
dict which he did not believe 20 be a fair
one while serving on the case Of Alexander
shlutzko against Aaron Ferer in district
court ten days ago are substantiated by
affidavits filed in district court Monday
afternoon by Isidor zeigler. attorney for
Ferer. against whom a 5000 verdict was
returned
John Kemmerling. the juror who fled
the country over a week ago, when he
learned that charges Of accepting a bride
we're about TO be preferred against him,
was one Of the intimidators, according to
an affidavit by c. T. Williams, one Of the
members OF the panel
The affidavits Of shapiro and williams,
and Otto Weis. another juror. tell a story
/ OF misconduct i'm the jury room that sell
dom Is equaled According to them KEN
merling with other jurors forced Shapiro
TO vote with them to give = verdict FOR
/ Shkutzko and against Ferer. ana after the
! verdict had been agreed upon the jury
/ voted, II to /. never TO say anything about
what had happened I'm the jury room,
shapiro alone voting against motion to
this effect.
ksmmerling Foreman OF the Jury.
! The affidavits recite that John Kemmer-
I ling was made foreman OF the jury and a
ballot Immediately was taken on the pre-
liminary question whether or not shkutzko,
who was suing Ferer az his employer for
personal injury damages, ever was actually
employed by Ferer. All voted yes on this
question except shapiro He said he IN
derstood the Russian language in which
| shkutzkc mad testified and he could tell
hal -
Ing TO the affidavits Kemmerling then said
Shapiro was a Jew and was sticking up
for the other Jew and told him that he
was going to call up the Judge and ring
the bell three times"
The aftidavits further reoite that KEN
merling told Shapiro he would know what
would happen TO him II he didn't agree tc
the verdict the others wanted and told
him he would so to the penitentiary IN
twenty-four hours. Shapiro's affidavit
recites that Kemmerling cursed him,
The affidRvits we're filed in support oil
Ferer's motion for a new trial Attorney
zeigler filed an affidavit In which he states
that he learned OF Kemmering's miscon.
duct in the ShkutzlIo-Ferer case before
he learned that Nemmerling had beer
charged with accepting a bride for hang
ing the jury" in the case Of Mrs. E. NJ
west against the street car company Ihli
statement is made TO show that the charges
against Kemmerling are not trumpet NJ
on the theory that II he did wrong in on,
case he probably did in another.
The zeigier affidavit sets out that KEN
! merling received knowledge that his &C
! cepting OF a bribe was known to the cour
on Sunday, November u and he then alb
seconded.
Investigation 10 ne Made.
Rigid investigation Of the charges Of mis-
conduct by the jury will be made. Ever!
juror who served on the case with be sum
mOned into court for examination.
Charles c. Mcdonald of the executive
, committee OF the Omaha Bar association
{ Monday afternoon said:
| I'VE are not going to stop with an in
vestigRtion Of the Kemmerling bribery deal
| We are going to 20 through with the Who'll