The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-02-13
statement to Jurors,


Judge Hand called in the Jurors and
then made to them the following state
mtDt
4 am going TO bring this trial to an
end and discharge you from any further
Consideration OF IL. My reason for
doing this Is the extreme abuse or the
press OF this city in reporting this
ease while II has been go ng on. They
have printed publicly. and no doubt
many OF you have read them, state
ments made by the plaintiff which were
no, made on the stand and which were
Of an exceedingly preiudicial charac-
ter TO the defendants. They have gone
% far as to state that the plaintiff
had told them that he had been as
sauted both here and In New Mexico,
tho obv Gus and necessary inference OF
which was that there was "A connection
betasen those assaults and the defend
ants.
81 need hardly tell you. / think, that
In any civilized community where there
is sentiment OF fairness and justice
and the feeling Of the necessity OF
fair ~ al for all men II would be
impossible that such things would be
tolerated that the press OF great
city should make comments during
the tendency of a trial. of statements
made 20 them Of such character out
side of court by one Of the PARTIES is
= final instance of the impossibility
OF Justice In the community where IL
can occur.
II that had been done without the
Concurrence of the plaintiff we should
have to worry along as best we could
but where such statements emanate
from the plaintiff, rs the plainun In
this case SAYS they did, although he
did not volunteer them, IL is perfectly
obvious that the delay and the loss,
whatever Il may be. of a new trial
should fan upon party who has done
hs--the improperly Is Obv Gus.
81 have therefore concluded in this
case 10 discharge you from further CON
liberation OF the case and TO declare
mistrial for the reasons which ! have
mentioned to you. The case Is going to
be sent 70 the foot of the calendar.
\ blow 10 KIeist.
Tie decision was a severe disappoint-
ment 10 KleIst lie sat bowed In his
Chair and his lawyer, going to him
patted him on the shoulder, saying
Brace up"
ITS rotten" answered Klest. -
had better get out of town and go bach
hone The whole case sicl<ens me-
Mr.. Crowley said he was greatly
disappointed. - Suall, uoNtNti' ~
continued "cndeavor TO my utmost u
hr.us the case to a speedy trial.
Both Mr. Nicoll and his partner
Courtlandt V. Anablc. seemed pleased
With the outcome. Mr.. Breltung als'
seemed pleased, but angry AT the news
papers With his daughter standinI
near he said:
The statements made In the news
papers have been prejudicial TO I'M
case, They have been libellous an
acandllous, They attempt to wreck
young womans character"
They were decidedly unfair SAT-
Mrs. Kle!st
MI Breltung said his wife held tn
Same View AZ he did.
'ls there likely to be any reconcilla
Ion.' he was asked.
Ask tho girl" replied the fathe
NI'h a smile, and the girl shook he
head
judge Hand called Mr.. Nicoll 10 hiI
a.u talked with him about the inter
'leHs in tho newspapers. lie was ovei
heard advising Mr. Nicoll to look int
law and see whether any actio
."u,d Doe taken against the newspaper
bat printed the interview, when aske
tie. ward II no had given such instru'
.t.a ne declined 10 mako any con
rcut.