Omaha daily bee., 1913-11-28
BOMBARD CARDS TESTIMONY
Witnesses Before Judge Sears Con-
tradict Their Fellow Juror.
EVIDENCE TENDS TO TMPEACH
DeniaI that There was an Attempt
90 Prevent Aecuser from Par
ticipsting IN Any OF Pro-
ceedlnna

Wesley Gard the lone witness upon
whose testimony Bronze 4 Bronze, attor-
neys for Cadet Taylor In his recent libel
suit against The Bee. are basing their
sttempt 20 secure a new trial. was de-
scribed a. having continually expressed
his admiration for the Bromes and his
orinion that Taylor should have dam
ages 90 other jurors throughout the libel
trial. at Wednesdays session of the con-
tempt hearing before Judge Sears.
The testimony Of the other jurors
among whom are men well known IN
their various occupations, was the first
introduced for the defense, and hit the
carefully constructed evidence OF Gard
with the force OF battering ram. Judge
Sears evidenced interest in their state
ments by questions OF his own concerning
statements directly contradicting Gard.
Much Of their evidence was what is
termed impeaching testimony. tending 70
prove that Gard had not been telling the
truth.
That Gard from the second day OF the
trial till near its close continually con-
suited first one fellow Juror. then an
other. telling them that Taylor deserved
damages. that he had been siandered.
that he deserved $4,000. that II. c. Bronze
was good lawyer. that his son Clinton
was almost as good. that they had a
fine suite OF offices, that the elder Bronze
was as nervous in his office as In the
court room and asking them where they
stood. was testified by yesterdays wit
nesses.
One after another they told how Gard
had persistenty followed them around
trying 70 persuade them TO he with him
for Taylor. and Of their refusal to commit
themselves before the evidence was all In.
what Really Happened In Room.
One after another. too. the other jurors
told what happened in the jury room,
completely coutradicting the wierd tale
put up by Gard. Instead OF ignoring him
and organizing With him alone over IN
onS corner. as ne claimed. they testified
that they were all together In the middle
OF the room when they chose their fore
man. and that the choice was unanimous
One OF them, Juror Downs, declared that
when the matter OF Cards concealing his
connection with the Brorhes was brought
up. and he urged that Gard should have
told the truth 10 the court. Gard pounded
the table and jumped up and down like
crazy man., The other jurors also
contradicted Cards assertion that he was
forced" Into signing the verdict, cor
. roborating one another that the instruc-
tions had been read over several times IN
an effort TO persuade him and that fin
ally Gard took the instructions himself.
sitting aside while reading them for
, nearly three-auarters OF an hour, and at
, Hast jumped up and himself volunteering,
well. boys. I'll be with you now and
Join In the verdict"
Gard ia Coatradicted.
c. Benson. 1879 South Twenty fifth ave-
nue.. a young man whose family Is well
known is Omaha, and who was married
! during the progress OF the libel trial, and
/ NJ ]. Howell, grocer. 1Ti3 Leavenworth
street. gave In brief language detailed
( accounts OF the actions OF the jury and
. Gard In particular. The other statements
r were similar.
Statements by Gard gotten into the rec
ord as a result OF a request by him earlier
! In the day concerning mlstreatment which
4 he said he received In the jury room
were flatly contradicted by the witnesses.
I They denied that he was prevented from
h participating In the choice OF foreman,
4 calling attention 20 the fact that he stood
4 near the others when the choice was
made and that the choice was unanimous
They testified that Gard was alone In a
room opening out OF the jury room with
: Juror ]. A. Mccarthy. a fact which Gard
Z had denied They gave testimony on a
largest number OF issues 30 important that
the question OF veracity is sduarely
z raised between Gard and his fellow
|. jurors
II the judge holds that Gard did not
7 tell the truth concerning his relations
with other jurors. this 10 expected 10
have weight In determining the value 20
be placed on his other assertions. In his
= alleged conversations with Charles Be-
Iangee, defendant In the contempt case.
!, there were no witnesses except hts wife.
his small son. and, ON one occasion. a
grocery boy. The grocery boy admitted
/, on the stand that he had told another
person that he he'd heard none OF the
: conversation. but testified tnat he did
I, hear some OF H.
Opinion by Brome's Citeat.
J. A. Mccarthy, q carpenter. whs
served as Juror In the libel case, test
fled that Gard, client OF Bronze q Bronze
expressed the opinion early In thestria
u that Taylor should have good damages.
y Gard is the juror who held out for min,
: hours against The Bee, finally agreed q
> a verdict for The Bee. acquiesced 20 Il Il
T" the court room and Immediately after
ward In an affidavit prepared In tn
Bromes' office declared Charles Belanges
a barber. had tried to bribe him and tina
q the other Jurors were spilty Of miscOn
- duct.
q Assertions made by Gard and allowc'
In the record by his own request. con