Free trader-journal and Ottawa fair dealer. (Ottawa, Ill.) 1920-1927, 1922-07-07
JUDGE ELDREDGE HEARS
ALLEGATIONS OF WILL
CASE LAWYERS
AFF|DAV|TS READ
EXTRAORDINARY MOTION FOR
NEW TRIAL IN BORNGASSER
SUIT CAUSES SENSATION IN
COURT HOUSE.

Arguments on a motion for a new
tIial in the BOrngasser will case were
made before Judge Eldredge In the
Circuit Court THIS morning one of
the principal arguments brought out
In the plea for a new trial was a
charge Of jury lampering, made by
the attorneys for the plaintiffs. Mrs
Catherine Cattaneo, Lloyd Borngas.
ser and John Henry Baker. Two Of
the jurors. Albert OFT of Grand Ridge
and William Weiden Of La Sale. were
alleged to have been affected by this
alleged tamperIng, ani to have rem.
dered a verdict In favor of the de.
fendant Frederick Borngasser. son
OF the testatnr. Mrs Catherine Born
sasser, as a result Of this
More than twenty ailldavits were
filed by the attorneys for the defense
in an effort 10 show that these
charges were unfoundcd The two
jurors accused by the plaintiff were
not In cOnrt at the time Of the hearing
this morning.
The aiiidavits were all read in
court at the opening Of the arguments
Va a HiuLibH lpi II HtW ttlti. bblsl
Jurors were charged In a1daVits filed
by the attorneys for the plaintiff with
answering falsely to questions put to
them at the 2voir dire" when thev
We're accepted as Jurors
The attorneys for the plaintiff. A
H. Buffers and H. o. Browne fled an
affidavit stating that when Mr.. OFT
was examined he was questioned
about the Studebaker will case, which |
was tried this spring in the COUNTY !
Court, and that he replied he was !
distant cousin of Mrs Paul Richey. |
the wife Of the defendant In the case. |
and lived quite distance from them
and was not in any way interested |
In the Shdebaker will case
An affidavit was filed by Sam Cal. !
kns, Deer Park township farmer, In
which he alleged that OFT and Paul !
Richey were very good friends. that
this spring they made an Gutom0bi!c
trip together to Mr., OTIS former home
in Indiana, and that OFT told him that
Richey intended appealing the Stude-
baker will case to the Supreme Court,
and was sure to win there.
The attorneys for the plaintiff In
the Borneaeser case l.. o. Browne AMI
A E. Bntters, represented Mrs. llyI
Genera Gregory. who was yctOriOu5
in the Studebaker will case
Weiden was alleged to have rem
dered verdict in favor of the de
fense for mercenary or other reasons,
in atfldayits filed by the attorneys fer
the plaintiff.
An affidavit was filed by the attor-
neys for the defense, A. J. OC0nCr
and II. NJ. Kelly, signed bv Weldon
which stated that his decision in the
jury was rendered by evidence pre-
scented In cout; that he did not know
Fred c. Borngasser the defendant,
until he came in court and that he
had never been in his house in his
life. In this affidavit he denied all
the charges brought against him by /
the attorneys for the plaintiff.
An affidavit was also filed by AL |
bert OFT, denying all the charges I
brought against him by the plaintiff
and alleging that his conduct while s
serving on the. jury was gentlemanly. {
and that his verdict was placed on {
the evidence submitted to him He t
alleged that he was not influenced by
any irregular or outside force. ,
Conrad Roemer of Ottawa, foreman ,
of the jury, filed an affidavit stating {
that he was not approached by any ,
one who attempted to influence him
rendering a verdict in the Borngasser
case during the trial, and that there
was nothing irregular in rendering
the verdict. He, in an affidavit, al,
legged that the verdict was rendered
on the evidence presented the jury
All the other members of the jurr |
filed afiidavits similr to the one pre- I
sented by Mr.. Roemer t
Attorney A. J. O'Conor stated in {
reading the afiidavits that during the {
week following June 10, when the at
torneyS for the plaintiff made their
first charges against the jury, he and
Mr.. Kelly interviewed every one of
the twelve jurors, on the presumption {
that an investigation was being con- /
Quoted for the attorneys on the other {
side, He alleged that this was the {
first time these men had been inter
viewed on the charge of any alleged a
in regard to the jury |
Members of the families of the two S
accused jurors filed atfidavits in an |
effort TO show that they were inno- \
cent. I
The husband of Catherine Cattaneo 7
Dne of the plaintiffs, fled an AFFIDAVIT
stating that one night he reviewed a d
telephone call from an unknown man, F.,
who informed him that he was in v