South Bend news-times. (South Bend, Ind.) 1913-1938, 1916-03-31
WOULD TAKE WILL
CASE FROM JURY
Atty. Meyer Alleges Wheeler
Jurymen Talked With Wit
neSSeS For Defense.

The Jury which has been hearins
the Rebecca Wheeler will contest
suit in the circuit court may never
be given an opportunity TO pass up
on the merits Of the case. A mo-
ton TO set aside the submission of
evidence on the grounds that three
furymen conversed with three wit
resses in the case was filed by ATTY.
f. ]. Lewis Meyer Friday.
on the ruling Of special Judge
NIacKibbin on this motion depends
whether the jury will be given a
chance to decide the validity Of the
viii. Property valued between $50
600 and 500. 900 is involved in the
Hgitgation.
With his motion Mr.. Meyer filed
four afidavits made 10y himself, Ben
iamin r. Berger, Watson Wykoh,
and Gretta Baer. who witnessed the
alleged conversation between wit
iesses and jurymen.
A hearing on the motion was set
for 1880 o'clock this afternoon. The
defense asked time in which to ex-
anime the motion and the affidav-
it's in order 10 file counter aftidavits
TO offset the allegations made by
the plaintiffs.
In the event that the motion is
sustained by special Judge Mac
Kibbin a new trial will be ordered.
The case has already occupied the
ottention of the court for a period
of two weeks and nearly SO wit
nesses have been examined. All the
evidence had been introduced and
the court was ready for the final
argument when Atty. Meyer brought
forth his motion. which for the time
being. put the proceedings at stand
still The jury has been dismissed
until Monday.
Meyer Springs Surprise.
When court opened Friday morn
ing. Atty. Meyer sprang his boom
erang. 1t came as a bolt out Of a
clear sky. He made a verbal brief
asking that the submission of evil
dence be set aside. on the grounds
that the three jurors had held con-
versations with two defense witness
es and one witness placed on the
stand by the plaintiffs.
Edward Beutter. Center township.
Hiram Crowl and Harry Metzger of
Harris township are the three Jur-
ors which Meyer charged with hold
ing conversations with the witness
es. He alleged that Beutter talked
to Otto NJ. Knoblock. who is de-
visee under the will, regarding
whether or not he (Knoblock) was
going to bring his cow out to pas
ture on his (Beutter's) pasture.
Meyer says further that knoblock
made the reply. Il don't know" in
timating that the witnesses deci-
sion might be based somewhat on
the outcome OF the suit.
Harry Metzger is alleged to have
talked with Nora Young Hummel-
berger, another devisee under the
will, while Juryman Hiram Crowl
is charged with holding a CONVEX
sation with Solly Duffin, a witness
and one OF the plaintiffs.
Cites Decisions.
In making his verbal brief Atty.
Meyer said that he did not feel just
flied in attempting to make any
argument in consideration of the
many clients he represented before
a jury on whom there rested the
least suspicion or uneasiness. In
support Of his statement. the attor-
ney cited number of supreme court
cases bearing on circumstances SINH
lar to those that are alleged to have
happened during the course OF the
trial here.
In the cases cited by Mr.. Meyer,
the supreme court granted in each
instance a new trial One decision
that was read spoke about the jury
men boarding at a restaurant, whose
proprietor was a party in the action.
Although nothing was said in the
restaurant concerning the cause be-
ing enacted, the higher court grant
ed a new trial because of a suspic-
ion and certain uneasiness being
thrown about the minds OF the jury
1T may be- said Mr.. Meyer, that
Mr.. Knoblock's conversation with
Juryman Beutter consciously or I'M
consciously Influenced the latters
mind. The same may be true in the
other conversations"
Sets Hearing For 80.
Special Judge MacKibbin granted
a recess until 1880 o'clock for time
in which TO allow the plaintiffs at
torneys 10 file a written brief. and
also TO secure affidavits of those who
are said to have seen and overheard
the alleged conversations between
jurymen and witnesses The court
said that the charges brought were
very serious. and plenty OF time
should be given in which to allow
the plaintiffs 10 submit their evi-
dence.
Ben Berger. il is said. was one OF
those who saw the jurymen and wit
nesses talking. Atty. Meyer said he
would secure affidavits from other
persons who saw them talking.