The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-08-17
Veniremen Summoned as Pos
sible Jurors in the Re-Trial
of Browne Approached"
in Someone's Interest.
PROSECUTION MAKES
SOME UGLY CHARGES
Defense Claims That Crooked
Work Is Being Done by a
Third Party interested in
Downfall of the Defendant.
JUDGE KERSTEN INDIGNANT
= HIcAGo, Aug: 1e-DeeIaring that

n HICAGO, Aug. 16.-DecIarIng that
practically all OF them had been
approached" in connection with
the retrtal of Lee O'Neil Browne, Judge
hersten today dismissed a panel OF
seVeHty-five Ventremen who had been
subpoenaed in the work OF selecting a
jury.
Judge Kersten pronounced the sit
uatfOn "deplOrabIe."
The Yeniremen were Immediately
taken 10 the office of states Attorney
haymhn, where Judge kersten asked
each man by name If he had been
called upon by any one In connection
with his possible service ms a Juror.
Nearly all answered I'm the affirmative.
Ihey were instructed 10 report In court
tomorrow for further investigation.
Mr.. Wayman made the assertion in
court that he could prove by a detective
employed by the defense that the latter
had systematically sought out every
prospective venireman, either by direct
holds.
P. H ODonnel, of counsel for
Browne, asserted that the veniremen
had oeen seen" by agents OF a third
interest, neither defense nor prosecu-
ton. interested for political reasons in
the downfall OF Browne
The first stir in this DEVELOPMENT OF
me case occurred during the forenoon
session, when Emil Wennerberg.
Yenireman, said that he had been called
into the office of one DIR. Kelly. While
Wennerberg did not go into details, his
lhtlmations caused Judge Kersten to
ofuer Inc production of the physician
in court.
Crisis Reached.
The situation reached a crisis later
when Swan Dahlberg, another member
or the panel, stated that he had hean
seen Dy some agent whose real pur-
pose he did not know DahIbeFg said
thls agent told him, after questioning
MN closely as 10 his belief in the
guilt or innocence OF Browne thai IA
need not answer the subpoena. Dahl
berg acted upon this advice and in con
sequence was brought before the court
today 10 explain why he should not be
adJudged IN 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 travesty
reached a point where an Investigation
is necessary. I don't want TO blame
either the state or the defense, but
someone is doing crooked work, and
am loath to go on with the case
Mhen a Juror is subpOenaed no one
has right to talk to him. As ii is,
probably every man on this jury has
been approached"
Attorney Wayman Excited.
At this period Attorney O'DOnnell
made his accusation against some
third party" at which Mr. Wayman
jumped TO his feet.
II can prove that the defense has
been systematically calling on all We
nlremen," he said Man after man
has been excused from service on this
jury. and has been taken to my office,
where they told me they had been ap-
preached, directly or through mem
bers OF their households"
Attorney Erbstein, OF the defense,
hnF No A..
nothing TO fear; that they would show
that the agents seeing veniremen
were working for the prosecution.
one venireman, whose name was
not disclosed. created a further sensa-
tIon when the panel had been taken to
The states attorneys office. There
was a hurry call for a stenOgrapher.
a member OF Mr.. Wayman's staff said
the Venireman had been asked by an
agent to stick il out for Browne till
h freezes over"
Sixth Panel Ordered.
A sixth panel. which was ordered to
report tomorrow, Will be called tOmOr-
row, and If ii is found that investi- !
gators have been talking TO them, this
panel Will also be dismissed
What effect today's disclosures will |
have on the eight jurors already
sworn in can only be guessed
1t Is possible that they will be re- |
lieved of further duty in the case and |
AhC idbOtlOuS pIOceSS u SeltCllhB OlH-
ers begun all over again. Another /
possibility is that the case may be /
taken to another county on the ground /
that ii is impossible to get an impair /
tial jury here.
The first trial OF Browne, charged /
with bribing State Representative /
White TO vote for William Lorimer for
United States senator resulted in a
iisa greement, four for acquittal
gainst eight for conviction. The work
Of selecting a new jury for the re-
trial began three weeks ago.