The daily sentinel., 1910-02-01
To INFLUENCE
VERDICT Of
JURY
Attorney Wheeler Denounces Action
of the Morning Paper as Con.
tempt of Court.-The Court
to Take Action in Matter.
DONE TO AID THE PROSECUTION

Again has 4 deliberate, vicious,
cowardly and unlawful attempt been
made by the morning publication in
this city to influence trial jury and
, to influence court, pending the trial
of an important case in the county
court wherein the liberty of a man
is involved.
Again has this publication, which
claims to be the champion of all that
is decent and just, stopped to disrep-
utable methods never employed by
any other paper in this city or any
other respectable paper IN the coun-
try-methods whereby it hopes to in
fluence q verdict in favor of certain
side.
This paper, which has been guilty
of this kind of work not less than
four times and one of these instances
involving case In the district court
and others in the county court. has
followed this practice once too often.
and is now liable to suffer for the
same. 1t has felt all along that il
was immune from punishment and
could do as it pleased. but the lam
guage of Judge Sullivan this morning
indicates that he will tolerate such
action no longer.
This morning in the county court.
Attorney Samuel n. Wheeler, repre-
senting Edward Gallagher, who has
been on trial for the past two days
in the county court on the charge of
conducting n disorderly house, the
charge growing out of a recent raid
made on alleged bootlegging joints.
addressed Judge Sullivan and stated
that he desired to call the attention
of the court to matter affecting the
L q. l.. IL l.. til
ter was not a matter of record, bu.
was important, owing to its apparent
intention of influencing the action of
the jury. Judge Wheeler stated that
in the local morning sheet today
there appeared a scurrilous cartoon
of the defendant and other defend
ants whose cases are still pending in
the courts. which was a willful and
premeditated attempt to influence the
verdict of the jury in the Gallagher
case and probably to influence the
action of the court itself as to the
kind of sentence the court might i'm
pose should the case result in con-
viction.
Attorney Wheeler declared that
the publication of this cartoon just
at this time is, in his opinion, con-
tempt of court in the truest sense of
the word. He declared that courts
had always protected defendants
against such actions. He declared
that courts time and time again had
ruled that papers shall not door say
anything, while case is pending in
the court. intended to influence the
jury or the court He pointed out
that it is always newspapers priv
ilege to print the evidence in a case
as it is presented, in part or in full,
and to some extent, under some cir
oumstances, to give publication to
Impressions gained from the testi-
mony of witnesses.
Attorney Wheeler declared that
there could be but one explanation of
the publication of the cartoon at this
time.
Attorney Wheeler then stated that.
in the interest of his client and in the
interest of justice. he asked that
proper action be taken by the court
which would have lhe effect of caus-
ing the jury not tC consider the car
toon published this morning to any
extent whatever.
Attorney Tupper deputy city at
torney and employed in the prosecu-
tion of this case. got up and said
that he thought Mr. Wheeler ought
not ito have made the statement"
Attorney McClintock kept very quiet
In reply to Attorney Tupper. At
torney Wheeler stated that he want
ed it understood that he did not
make the statement to influence the
jury, but to bring the matter before
the court in Justice to his client.
Judge Sullivan, as was very evil
dent, was highly indignant over the
publication of the cartoon. He said +:
Il think you are right. Mr.. Wheel
er. think you are right in calling
the attention of the court to this,I
waiter. II will appoint you now to 1
nreseAtl this matter to the court In
the proper and formal manner as It