Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1914-01-23
JURORS WRATHY
OVER TREATMENT
Declare They Were Left Hun
CRY by court-Judge Wad-
dington Scored.

The twelve jurymen who were kept
out for over twenty-four hours
Wednesday night and yesterday by
Judge Edward C. Waddington be-
cause they could not agree in an as
sault and battery case in which John
H. FAIRY. % Augusta street, Irving
ton, was the defendant were still
wrathy today at what they term the
unjust and harsh manner In which
| they were treated by the court.
! After being out twenty-four hours
the jury reported they could not
agree as they had several times
/ earlier in the day reported. Word
was sent to them intimating that
they must agree or face the possible
alternative of being locked up for an
] other night. Five minutes later, at
$3.50 o'clock yesterday afternoon the
| jury reported 1t had agreed. At that
| time they had been out "a hours and
80 minutes. Their verdict was guilty
of assault and battery with a recon-
mendation to the mercy of the court.
After dismissing the jury Judge Wad-
dington called Fairy before him, and
after scoring him for having kicked
woman fined him 5000 and costs of
S48.45 and ordered him committed to
jail until the fine and costs were paid.
Fairy was unable to get the money
last night and went to Jail. Today
he gave bail In the sum of $500 to
appear Monday and pay the fine and
costs provided that in the meantime
ne does not decide to apply for a new
trial on the ground that yesterdays
verdict was obtained by what he
terms coercion of the jury"
The mem bers of the jury panel talk
in no uncertain terms Of their treat
ment, they having been kept out from
2:4O O'Clock Wednesday afternoon I'M
til $3.50 yesterday afternoon with no
place to rest, except on the jury-room
floor or on the top of the long table
that graces the room. Even the high
backed chairs proved but little COM
fort for the men.
During the time the men were
locked up all the food they had was
coffee and sandwiches described by
the Jurors as very poor" on Wednes-
day night, and coffee and rolls yester-
day morning.
Differ as TO Judges Right.
After disposing of the case of FAIRY
yesterday, Judge Waddington lie for
his home In Salem county, and Is not
expected to return to this county as q
trial Judge again. Opinion of court
officials as to his action in keeping
the jury out so long varies. Some
hold the view that he was right. in
that Fairy had practically admitted
on the witness stand that he had
kicked Mrs. Pauline Holman. the
plaintiff in the case, TO lowing a quar-
rel in the apartment house where both
parties lived.
Others claim that after the jury had
been locked up for twenty-four hours
and had failed to agree they should
have been discharged and that the &C.
ton of the court in keeping them |
longer was unjust. The law leaves |
out In celebrating on case en- |
tirely up to the discretion of the trial |
judge
Several times yesterday the Jurors
sent out word that they could not |
agree, and each time Judge Wad-
dington ordered things to be con-
tinued as they were. At noon the jury |
had no hopes of agreeing, but some
of them thought that some instruc-
ton on the evidence might be bene-
fetal in clearing the disputed points
so they therefore asked permission to
come into court and have some of the |
testimony read and explained.
Ever since 5 o'clock the night be-
fore the jury had been standing eight
to four for acquittal of the defend
ant. They fled into court and re-
ceived instructions from Judge Wad-
who read some of the evil
dence. They then went back, and, 1t
Is said, the complexion of the ballot
ing for verdict became altered. In
some quarters 1t was said that the
jury voted nine to three for convic-
ton after the lecture given 1t by
Judge Waddington.
Shortly before p. m. yesterday one
Juror became i'll. He Is Frank H
La Pierre, OF Montclair. All he had
TO eat was a cup Of coffee and sand
wich at $50 Wednesday night and a
cup of coffee and roll at $3.50 Thurs
day morning. He grew faint at 8
D clock and feared that he was going
to become seriously Ill. He asked to
be excused. Consent was refused by
Judge Washington. He asked then
for a physician. Judge Waddington
sent in word that he ought to be
able to last out until p. m, when
he would dismiss the jury If it had
not agreed.
Several times Foreman George
Dealing sent in word that the jury
asked to be dismissed in a case in
which agreement was plainly impos-
5ible. At 1925 p. m. a message to that
sent back a request that |
they try to come to an agreement on
a verdict At $3.50 o'clock, five min
ltes later word came from the jury
room that the jury was ready to
come into court with verdict.
Verdict of Guilty.
Judge Waddington received the |
Jury. The twelve men came into
court looking pale and wan, except |
1ne or two, who were red with rage.
They looked dishevelled and hungry |
ana Juror No. 6, Frank H. La Pierre,
IF Montclair, walked feebly and |
ooked ILL., Foreman Dealing an
bounced a verdict of guilty of assault !
and battery, with q recommendation
Tor mercy.
After the fury had been excused
hey crowded around the bench and
yoiced their dIspleasure at being kept |
n the iuryroom such length Of
time. Some of them also had some
hing to say about the need of the
county learning to treat citizen
Jurors better than that" Judge |
maintained silence. but |
ne held a conference with Assistant