Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1916-12-13
Comment With JUROR
HATS MINING Case
Trial Is Resumed Today
After Court Hears Incl
dent Explained
L0HMAN GOES
BACK TO STAND

An unexpected interruption In the
trial of Charles s. Miller and Ray
mond McCune, charged in United
States Court for conspiracy and fraud
uent use OF the mans came upon the
opening or court this morning wnen
Judge h. @. Bradford hated the pro-
ceed ngs TO declare that Frank r.
Short, the expert mining engineer,
who gave testimony tor the prosecu-
ton yesterday. had been talking 70
one OF the jurors about the case.
Short. when questioned by the court.
admitted having asked a juror, whom
he pointed out, Charles p. Dubell. DO
you live far out OF town" or DO YOU
have far 10 60 20 reach homer" and to
have heard some one. he wasn't even
sure that the speaker was one Of tbs
iurymen. remark; IF q thousand men
see a thing t isn't necessary for 500
OF them 70 tell about IL. and 20 have
laughingly repeated tho last few
words OF the remark. The offence
was not considered fragrant enough
4 20 stop the trial OF the case. however.
Former Judge Frank Ball Of coun-
sci for Miller, is said to have over
heard the words and 70 have told
Short that his conduct was IAN I'M
heard OF thirg and directly contrary
TO the orders Of the court"
Judge Bradford made the announce
ment immed ately after court opened.
and calling for the engineer. explained
The charge TO HIM and cautioned him
that he might answer certain Ques-
tons he was about 20 put 10 him II
he saw 1T or that he might refuse 20
answer 90 the ground that what be
would say might tend 20 incriminate
him.
Short expressed his desire 10 be
heard and after being sworn, took the
witness stand.
Have you had any conversation
with any Of the jurors in regard 10
th 9 oaseg' asked Judge Bradford.
Short reply was. I'm not sure
Judge Bradford then INQUIRED
whether any OF the jurors had spoken
to him about the case IN answer 10
which Short related the conversat ON
already quoted. He explained that he
didn't know whether the remark about
the thousand witnesses" was ad-
dressed 70 him or TO someone else IN
the hall. Asked to Identify the person
|. 70 whom he had made tho remark
about his home. Short pointed TO MI
.Duhell. AS TO who made tho remarl
about the Thousand witnesses.
: Shorts mind was hazy. He said II
was either one Of two stout men. an(
! pointed them out. They were John NJ
! Vessels and James Townsend.
Mr. Dubell. when lnterrogated b.
the court, admitted that Short ad
dressed the remark about his dietanc
. from home 70 him, but denied havln
made the remark about the "thousan
witnesses alluded 70. Neither Yes
I, sells nor Townsend awaited them
u selves OF the opportunity TO speak &C
i, corded them by the court.
District Attorney Curley and Judg'
Ball made few unlmportant IN
quiries. whereupon Judge Bradford
). ordered a recess Of two minutes.
y The District Attorney and counse
for both defendants we're closeteS
Z with Judge Bradford in HIS cham
bers. and when the recess period haC
l. terminated Mr.. Vessels was asked 4
VI he had any statement TO make. HI
2 took the stand and detailed some un
important conversation about the
length OF the case. which had takei
place Immediately after court ad
= iourned yesterday. but said he did mo-
. remember making the remark repeat
j. ed by Short Mr.. Townsend said th'
b same thing. Both assured the cour
that they had formed no opinion OF th,
4, case because Of anything Short had
y said. They also declared they were
d not prejudiced In the case at all. Al
no objection was raised by anybody
concerned in the case, Judge Bradford
pressed the investigation no furthei
J and ordered the resumption OF the
4 trial.
n Frederick W. Lehman, mininl
u engineer. then went on the stand
4 Mr.. Lehman investigated the Mara
Z non river sold fieNis, hs we'll a.
a Frank r. Short. the engineer whs
testified yesterday. and his testi
d mony vas TO the same effect as tina
= presented by Short-that the deposit
n of gold found by him we're 80 small
n In quantity that its holdings or tn
k Maranon River Placers, Inc, Il
J. Peru. we're valueless. commercially
: Mr.. ,Lohman testified that he ex
= amined CO pits on the MaranoI
River Placers Company, some o
j. which he found already sunk, som
u OF which he had sunk himself.
n Taking tho pits I'm turn and read
q ing from the report which he hal
. made AZ the time. Mr.. Lehman CAV
his findings. They ran from nv
one.hundredths Of a cent 20 SO one
hundredths OF cent per cubi
ward per pit, as against the 80 cent
and 9s cents per cubic yard given Il
n the report OF the property made b
= NcCune