New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-05-02
HALTS WIRELESS TRIAL
Juror Shows Bias in Questions to
Witness, w. T. Jerome Says.
COURT RESERVES DECISION
Government Offers Mistrial, but
Joseph Wolf, Offending Juror,
May Be Excused.

The trial Of Christopher Columbus VII
son. president Of the United wireless Iel--
graph Company and five other officials OF
the corporation which has been going on
H. tho United states Circuit Court Tor
week was brought. TO a sudden standsull
Yesterday afternoon when william TraVers
jerome as counsel for one Of the defend
ants moved that Judge Martin excuse
juror No 10 On the ground that in ms
questions 10 a witness the juror had
shown such bias that the defendants could
rot expect a fair trial.
This motion. unprecedented in the fed
eral courts Of this district. created conster-
nation amcng the jurors. and defendants
ard spectators got into n furry when
Judge Martin showed in his first words
that he would accept Mr.. Jeromes views
in the matter.
The unexpected turn in the trial was
brought about by an incident al the close
Of the morning session. Cloyd Marshall
secretary Of the United Wireless. who had
been on the witness stand Friday last
had been recalled by G. II. Dorr. United
States ATTORNEY There were many ques-
lions as to the details Of the business OF
the United Wireless which were answered
by Mr. Marshall with Il don't know or
Il have no such knowledge It happened,
however. that John r. Stanchheld. who
cross examined Mr. Marshall for the de-
fence. elected from him number Of ex-
act answers.
Joseph Wolf an architect who lives AT
No 81 West DIST street and had been
empaneled as juror No 10. rose in his
seat in the second row of the jury box and
began 10 question Mr. Marshall me fret
two questions we're put in a quiet. even
tone but after that Mr. Wolf leaned for
ward and toward the witness. and. pointing
his hand at him. asked with unmistakable
emphasis:
How is # that you have been able TO
answer every question put TO YOU by Mr..
Stanchheld. while Your memory was very
short when YOU were asked questions by
the government
Because was asked by Mr. Stanohfeld
about things that 7 am familiar with.
while the government asked me- about mat
tiers | had little 10 do with. was Mr. Mar
shalrs answer
Court Admon;shes Jury.
These remarks were exchanged so QUICK
" that neither prosecutor nor counsel could
interfere. Judge Martin rose and admon-
ehed the jury that il was proper 10 ask
questions calling for information as 70
facts hut that jurors should not indicate
nv their questions what their own bent ~
mind was
As soon as court reconvened in the ar
~, to
Offering motion - which the unfortunate
occurrences IF the morning compelled him
For many wears nv professional duties
have brought me- in close contact with iury
trials in criminal cases said Mr. jerome.
and ! have never. sir. m seventeen and
half wears of experience # that kind ~
work. seen IN exhibition If TIE character
We had here"
Mr. Jerome said that he was not seeking
a jury disagreement. but was anxious 70
have fair acquittal for his client The
questions Of the juryman." he continued
were not directed 70 elucidate any object
OF any question If fact N his own mind
but apparently he had the one desire 70 en-
able him 70 express a feeling Of anin1ositv
and contempt for this witness and a sue-
cestion that was perfectly apparent 20
eny unbiased hearer that he. the iurvman.
was satisfied that this witness was in
every way trying - help the defence and
njure the prosecution
I say. and believe. that with this man
IN the box nv client viii not get fair
trial He is stripped If what believe =,
hc his rights 70 an acquittal by 2 iurvman
who manifested such bias as 70 make 81
words and manner that n the end Of this
case he will vote for conviction: that every
witness who takes that stand and saws one
word initiating against the govArnrent's
case will be viewed with suspicion and dis
trust"
Jurors Can't Gross Examine