New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-25
CIRCUIT GUILTLESS,
JUROR BELIEVES.
Musician SWears He Voted
Against Financier-Sure
of Innocence.
mot BANKERS PEER
ON BANKING AFFAIRS
Says He Forgot Much Testimony
Union Ex.Head's Friends
See Chance to Appeal.

Swearing that he had found Edward
VI. Grout. former president of the
Union Bank Of Brooklyn. guilty OF
signing false reports although he had
forgotten a large part of the evidence
and was convinced of the innocence OF
Mr.. Grout. James Murphy. Of 1876 81.
Marks Place. who was juror No. IL.
signed an affidavit which Mr.. Grout's
friends hope will save the former
banker year in Sing Sing The aft
davit was made public yesterday.
At least two other jurors are said 70
have been approached and asked 70
sign affidavits favorable TO Mr.. Grout.
Edward II. Cooke. Juror No. 10. de-
clared yesterday that Joseph A. Ncu-
stadt. an employe in Mr.. Gront's Office.
made the request. telling him that
Juror Cannon had signed an affidavit.
This Cannon denied. but admitted a
Grout representative had come 10 see
him 70 get his signature.
Murphy signed his affidavit before
Edward J. Hagney. notary public. OF
81 Chambers Street. on September 7.
He said IL was obtained through Dean
c. Potter. of the Grout law Arm, who
had heard that Murphy was Disguised
with the verdict
The affidavit contains the following
statements:
"The jury did not understand bank
ing customs.
"The evidence was too complicated
and too extended to be remembered.
81 formed my conclusions and verdict
on the Thomas matter. which | have
since found out was not in the indlct-
ment.
Il personally found it impossible to
keep the whole case in mind.
Musician Not Bankers Peer.
II forgot not only a great deal Of the
evidence, but many OF the items TO
was true of the other jurors"
Murphy also made much Of the fact
that he was a musician and unfamiliar
with banking customs.
"The law requires that a man be
tried by his peers" he said yesterday in
discussing his action. 81 do not con-
slider myself the peer Of Grout in bank
ing. How would il seem to have
jury OF twelve bricklayers or tailors
consider a medical case or any other
technical case, concerning the elements
Of which they knew nothing7 They
picked me in three minutes, while il took
forty-fiye minutes TO choose another.
And they would not pick bankers or
business men who had some under
standing of the case. Their time is too
valuable.
Then that trial. Who can expect
any one to remember everything over
nine weeks. And all We got during
those nine weeks was figures, figures.
figures. What could do with them {!
Nothing.
when | went into the jury room
with the others could not set my mind
on any decision. did not know what
to do with the complicated evidence
that | happened TO remember. The
other jurors joined in small groups,
but don't believe any Of them under
stood the case.
"You know, happened 10 fall III in
the jury room and doctor had to be
called. When felt little better, Sat
urday morning, the rest had already
formed their opinion. They were eleven
against one, and ! was still weak and
exhausted. The others reasoned with
me and told me one man should not tie
up a case against eleven. So I sub
mtted. feel disguised with the whole<
matter"