New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-02-13
Cause Is Interview Given
Out by Plaintiff Since
Trial Began.
BREITUNG PLEASED:
DAUGHTER SMILES
Judge Cites Tribune Case
in Talk About Prose
cutting Newspapers.

against Edward n. Breitung, father OF
the plaintiffs wife, Juliet Breituns
Kleist, on the ground that the jury
might have been Influenced by news
paper interviews in which Kleist said
lie had been assaulted here and in
New Mexico.
The court, in explaining that the
Jury might, through the interview, con-
rect Breitung with the assaults, made
bitter attack on the offending
newspapers, and he was overheard ask
inG Delaney Nicoll, Breitung's attor-
ney, TO look up the law TO see if there
was possibility of prosecuting the
newspapers.
Mrs. Kleist and her parents were
we'll pleased at the unexpected devel-
opment, particularly in view of the de-
pressed plaintiffs remark that he was
discouraged and thought Of giving up
the fight.
Before the session got really under
way yesterday morning and before the
only witness of the morning William
Johns, foreman of the Breitung mine
at Mogollon, n. NJ, in which Kleist
worked had been called to the stand,
Mr.. Nicoll stepped to the bench with
some evening newspapers Of Thursday
and one of yesterday morning and
handing them to the judge, said:
Newspaper Reports Examined.
81 respectfully ask your honor to
inform the members of the jury that
the interviews with Kleist printed in
these papers we're not official and form
no part of the record in this case
"I'll look at these papers," the court
said, ordering Mr.. Nicoll to proceed
with the case.
The spectators had then no intims-
tion Of what was to come. They had
gathered in eager expectation OF seeing
young Mrs. Kleist take the stand to tell
her story. 1t promised to be the most
interesting day of the trial. The small
room Of the United States District
Court in the Federal Building had been
fully occupied as early as half hour
before judge and jury stepped in. The
holiday had given opportunity to
scores Of curious persons to plan day
of inexpensive excitement.
The Breitungs, clad as on the other
days, occupied the same seats. Kleist,
in expectation of seeing his wife spend
many hours in the witness chair,
seemed bit nervous, but hopeful.
After Johns, who had been on the
stand about forty minutes, was eI-
cused, Mr.. Nicoll moved that the case
he taken from the jury and that mis-
trial be declared because Of the possi-
Lility that the jury might be preju-
diced by the Kleist interviews.
Gentlemen Of the jury" Judge Hand
then said, "you are excused fer ten
minutes"
This was done to give opportunity to
make an investigation Of the matter,
details of which might tend to influence
the jurcrs in their consideration of the
evidence. After the jurors had left the
room Judge Hand sent for copies OF
other morning newspapers and then
asked the reporters Of the papers that
lad used the story TO come to the
bench.
where did you get the interview"
the court asked
It was explained that Kleist had been
question ed on the subject in the court
room yesterday.
Did the plaintiff volunteer the state
ment?" Judge Hand asked.
"He did not" was the reply.
Reports True, Says kIeist.
The judge looked down at Kleist and
asked:
as there any statement you care to
make"
"only that it is true" Kleist re-
sponded
what is truo-th fact that you
rave the interview or that your alle=a-
ton about the assaults is true" asked
the court.
Both" kleist said.
"The newspapers are responsible for
this" said Judge Hand. speaking TO
T.. c. Crowley. Kieis;'s attorney, but il
seems to me that your client is also TO
blame
The court added something about
furnishing newspapers. and ther sent
for the jury, 10 whom he said:
Gentlemen, | am going TO bring
this trial to an end and discharge you
from any further consideration of IL.
My reasons for doing this are the ex-
treme abuse of the press Of this city
in the reporting Of this case while It
has been going or.
"They have printed publicly. and no
doubt many of you have read II. state
ments made by the plaintiff which were
not made on the stand, and which
were of an exceedingly pTejudic:al
character to the defendants. They have
gone so far as TO state that the plain
tiff has told them that he had been
assaulted beth here and in New Mex
lea. the obvious and necessary infer
ence Of which was that there was q
connection between that assault and
the defendants.
Il need hardly tell you, think, that
Continued on page 4. column