Evening journal., 1915-03-10
ILLNESS
CAUSES CONFUSION

The illness of John w. Dolby, of
Laurel. Del, the eleventh man on the
jury caused sudden halt this morn
ing in the United States District
Court of the trial of Ronald j. Bren-
nan, Frank w. Anthony. Claire w. An
thony and Harry A. Woodcock in
dlcted on charge or fraudulent use
of the United States mails.
Judge Edward G. Bradford ordered
an adjournment until p. m.
When court opened at 10 o'clock
this morning Judge Bradford said he
had just been informed that one OF
the jurors was i'll. United States Dis
trict Attorney John p Nields said he
had also been so informed and that
the sick man was Mr.. Dolby.
Mr.. Dolby was seated with the jury
and was at once called forward by
Judge Bradford
The judge asked him to state the
nature of his illness Mr.. Dolby said
he was suffering severely with stom-
ach trouble and that his heart was
also in bad shape. He stated that
he had not felt we'll yesterday when
placed on the jury, and had wanted
TO ask 10 be excused but did not get
a chance.
Mr.. Dolby declared that his condi-
tion had grown worse since sitting on
the jury and that he had not eaten
anything since dinner yesterday.
Mr.. Nields said as there were wit
nesses present from fourteen States
he hoped the trial could proceed
without any delay and said as the
attorneys for the defendants were
willing to proceed with eleven men
he was also willing If it could be
done.
J. Frank Ball and the other attor-
neys for the defendant then stated
that they were willing to waive thoiI
rights in this respect and continue
with eleven men.
Judge Bradford said that this wa;
the first time an occasion like this
had taken place since he was on the
bench and had not had time to ex
anime the cases, but as far as he haC
gone in the matter the weight of au
thority was that in felony cases the dc
PENDANTS could not waive their consti
tutional right TO trial by full jury
Judge Bradford said that the otheI
Jurors would be back tomorrow and I
new jury may be drawn TO go on Will
the case and the present one dis
charged
Mr.. Ball said that in the State Cour
frequently cases went on with clever
men.
Thomas Moore Simonton Of New
York. one Of the attorneys for the de
PENDANTS. said he would mako prac
tical suggestion. He suggested tina
an adjournment be taken so that h
could have the authorities looked u
TO see If the case could be legal
continued with eleven jurors.
Judge Bradford was agreeable {
this and ordered an adjournment to
o'clock
Mr.. Dolby was put under oath {
formally swear to the statement h
had made. He said he had Or. Elliot
of Laurel attend him several month
ago. He said he did not think h
would ever be able to proceed wit
the case.
"Will you allow me TO go home
asked Mr.. Dolby. He spoke in a wea
voice.
Judge Bradford told him he wantC
him TO first consult a physician {
tne court cOul0 learn WneLncI "
man would be able to go on vii
the case. II was the judges idea
first to have the case adjourned unit
tomorrow. hoping Mr.. Dolby would
better by that time.
Mr.. Dolby did not know any phys
clan he could summon and the iudl
suggested that the clerk summon on
After court adjourned Mr.. Dolt
was taken into United States Marshi
Farry's Office and DR.. ]. A. Draper. il
summoned The doctor confrmt
what Mr. Dolby had said as to h
condition. saying that il was sue
that Il would not improve sufficient
for him to continue his duties as
Juror. Mr.. Dolby then proceeded
the Hotel Wilmington, where lie
registered.
Mr.. Dolby for the last eight or t.
years has resided in Laurel and pri
to that was engaged in farming.
took dinner at Hanna's cafe yeste
day. but ate very little.
According to the order of the cou
ne is to report in court at p. m.
United States District Attorn
Iohn p. Nields, in concluding h