The Birmingham age-herald., 1919-05-31
Juror Is Disqualified
 And MistriaL Results
 m Huddleston's Case
Cartoon Suit Ends After Day of Startling Developments Affidavit Charges That Last August Juror Wm H. Suydam Said Plaintiff Was "Bolshevik So-
 cialist> and Disloyal to Party and Country

Judge C. B. Smith of the circuit court
 entered mistrial yesterday afternoon
 in the case of Congressman George Hud-
 dleston against The Age Herald in his
 s5o,o0o damage suit based chiefly on a
 cartoon which appeared in The Age-Her-
 aid of April last year.
 The mistrial was the result of Judge
 Smiths deciding that William H. Suydam
 Of North Birmingham. juror, was dis qualified because of sentiments he had 1 declared regarding Huddleston last Au- 1 gust. The questioning of the competency
 of MT. Suydam as a juror created some
 tnlnS or q sensation at the morning , session of the court after practically all | the evidence in the case was in. John W. Altman presented an affi- davit made by J. W. Moran a warden at Flat Top prison. which declared that he had ridden on the platform of a North Birmingham car last August and in a conversation with MT. Suydam the juror had declared that Huddleston was a "bol- shevik, socialist and was disloyal to the party and to his country" It was
 declared that the affidavit had been made by MT. Moran shortly after o'clock yes- terday morning and that the affiant was
 sick at Flat Top and could not be brought into court.
 Attorneys for The Age Herald an nounced that while they did not know MT. Suydam and had no knowledge of the matter and without in any way re- flecting upon the juror they were will ing to proceed with the case with eleven jurors.
 PROF. DICKSON CALLED Counsel for Huddleston insisted upon o mi nd no1 1ad Prof. W. F.. Dickson. principal of the North Birmingham school and a member of the legislature. who testified that he days proceeding has been unfair to me. tween MT. Suydam and Mir. Moran. The witness stated that he did not have a clear recollection lof the words of the conversation but that it was about poli- tics and that both men used extravagant language and were excited in their re- marks. He could only remember the impression made upon him and could not remember the remarks.
 When Mr. Morrow asked Professor Dickson whom he voted for for congress he replied:
 .I voted with about so per cent of the people,"
 Judge Smith then called in Juror Suy- dam, the jurymen having been excluded all day from the discussions which were under way. The court itself interrogated Mir Suydam. The juror in reply to ques- tions said that he could not recall ever having had the conversation spoken of. although he knew both of the men men, toned and saw them nearly every day. He said he felt reasonably sure that he had never used the words "bolshevik" or traitor" in connection with Huddles- ton, but that he could not be sure of his language, as he had no recollection Of the conversation.
 COURT ANNOUNCES MISTRIAL
 Judge Smith then ordered recess for half an hour to look up the authorities and upon reconvening court said that he realized the jurors would not go into the box with conscious bias that might affect their verdict, but that such bias might be borne unconsciously. He said that he never wanted trial in his court where the parties to the suit or either of them felt that they were not getting fair trial. In view of the situation he then declared that he would enter mistrial. MT. Altman reminded the court of a motion for immediate trial or trial