New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-02-25
JEWS DELAY Jury WORK
Object to Serving After Dark,
but Agree to Remain.
THIRD MAN THEN OBJECTS
Seventh Day Adventist Protests
and Is Excused by Mutual Con-
sent of Lawyers in Case.

Religious scruples came very near defeat
ing stern Justice in the Supreme Court
again on Friday night and putting the
working machinery Of the court out of
gear IT was only few weeks ago
that an orthodox Jew objected to being
held as witness in a suit after his Sab
bath had begun. Justice Lehman. in the
Supreme Court. had an experience with
three men on Friday evening who would
not let their duty TO the state interfere
with their religions, which provide that no
work shall be done the Sabbath, not
even the writing of ones name, and II re
ouired all the judicial power Of argument
10 point out that the state and the law
must be served. regardless of ell extrane-
Gus circumstances However, Justice Leh-
man was only two-thirds successful.
The three men with the scruples were
jurymen in the suit of Rae against the
Pioneer Fruit Company. Being a day be-
fore an off day IN court, the justice and the
lawyers wanted to dispose OF the case FRI
day night So 1t was 4:20 O'Clock. or twenty
minutes after the usual time for adjourn
ment when the jury retired to deliberate
on the case. Justice Lehman announced
that IL the jury could reach an agreement
by 6 o'clock It was to hand in a sealed
verdict, which means that II was TO con-
tinue It's efforts to agree and then hand in
it's verdict in writing, to be opened on
Monday.
Dusk was approaching; the justice was
waiting in his chambers, and John b.
Stanchheld and Emil schultze, opposing
counsel, were waiting in the courtroom; but
the jury came not. Then word was sent TO
Justice Lehman that two of the jurymen
wanted TO talk to him, and the twelve men
were marched by court attendants from
the jury room to the courtroom. Justice
Lehman went on the bench.
The message that the two jurymen had
for the court was that their Sabbath-the
Jewish Sabbath-had arrived, and made it
impossible for them to longer serve on the
jury. Besides, they said. they could not
bring themselves to write which would be
necessary II sealed verdict was to be
handed In, as the signature OF each jury
man must be signed to II.
Justice Lehman argued with the two men.
He pointed out that it was as much his
Sabbath as IT was theirs but that he had
to sacrifice his religion In such case 20
public duty. The justice said he was sure
the two jurymen were In error. because.
under such pressing circumstances, allow
ance was made even In the case OF the or
thodox The two men capitulated before the
arguments Of the court and agreed 10 stick
IL out.
The jury went back in the jury room,
and It had become still darker. when 1t
again became necessary to summon the
justice, and again the jury filed into the
courtroom. This time another juryman
raised an objection TO serving longer. He
was a Seventh Day Adventist, and neither
his religion nor his conscience would per
nit him treat of worldly affairs on his
Sabbath. which had already begun. Justice
ment but the Adventist was obdurate, and
Just would not serve the state in the time
thht he was required 10 serve his Church.
Not wishing TO be harsh and not caring
TO stand on his judicial power 10 compel
the complaining iuryman 10 remain. Justice
Lehman excused him, the lawyers in the
case stipulating that they would accept the
verdict OF eleven jurymen.
After oil this Justice Lehman decided
that he would remain until O'Clock and
wait for the verdict, instead OF having a
sealed verdict rendered after O'Clock. The
Jury OF eleven men came into the court
room with their verdict at 100 o'clock. The
two who objected 10 writing their names
did not have TO do so.