Evening star., 1926-12-01
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OF the jury. Case, speaking for the
elenSe, said thai tue .usy4- ;, exc Oh. \
human. and it would be remarkable II
| they had been able to restrain them
selves from discussing the case.
Exchange BY Counsel.
Simpson retorted that he was not
certain all the jurors were human and
would like an affidavit as to some oil
them.
The two State Senators, on oppos-
ing sides, exchanged remarks border
ing on personalities during the argu.
ment. The defense lawyer said that
| he trusted that remarks alleged to
nave been made by juror about the
special prosecutor were not deserved.
Case also referred to Van Doren,
who made the affidavit on which the
State pinned most of its case in seek.
ing the mistrial. as being as cross
grained as a hickory knot"
When the prosecutor arose to make
his motion he asked that the jury be
excluded. the suggestion meeting
prompt objection from the defense,
Robert II. McCarter insisting that if
charges were to be made against the
jury the members should hear them.
Justice Parker overruled the defense
contention and sent the jury from
the room.
Reads Dozen Affdavits.
Simpson read dozen affidavits from
newspaper reporters, detectives and
relatives Of Mrs. Eleanor r. Mills.
slain with Rev. Edward w. Hall. The
aftidayits accused jurors of noddins.
doing or sleeping outright during
the trial and Of chatting with counsel
or the defense and others.
An affidavit was read from the
housekeeper at the hotel where the
jurors are lodging and the courts at
tention was directed to a letter writ
ten by Gilbert Van Doren, proprietor
Of the hotel.
The housekeeper's affidavit said
that some members of the jury had
used the telephone and received call.
ers.
Simpson announced that Van Doren,
who signed a letter sent to the court
Monday, was in the courthouse, but
was sick and did not feel able at the
moment to take the witness stand
to support charges made in his letter
that a portion of the jury was hostile
TO the States representatives in the
case.
Judge Suggests Affidavit.
Justice Parker suggested that an
affidavit be procured from Van Doren.
Simpson. in repeating charges
made by Van Doren, said that a per-
sonal reference was made to him,
Van Doren quoting one of the jurors
as applying an epithet to him. After
npologiZing to the court the special
prosecutor said that the epithet was
an obscene and unprintable express
sion.
The letter, the States lawyer said.
indicated that some of the jurors had
declined to believe the testimony Of
the States star witness, Mrs. Jane
Gibson.
At the end of the morning session
after the defense had completed it's
case, the jury was taken out and
Simpson read the affidavit by Van
Doren.
1t reclted that from conversations
made in Van Doren's presence to
and with members of the jury, the
affiant was convinced that the jury
had formed an opinion before the
States evidence was presented.
Says He Was Called Liar.
AS early as the second day of the
trial, the affidavit stated. Juror John
Young had said Simpson was a liar.
The prosecutor read into the rec
ord from the affidavit the unprintable
terms with which Van Doren alleged
the juror had described Simpson.
1t was also alleged that Young said
he could not believe word Simpson
said
Van Doren said he argued with
Young and with Longanetto, one of
the constables assigned to guard the
jury, both of whom, the affidavit al
leges, had called Mrs. Gibson a liar
and the name which Simpson read
into the record.
Van Doren said he argued with
them and asked if they had ever done
business with Mrs. Gibson; that he
had, and had always found her hon.
est and truthful.
The affidavit also alleged that Jurors
Roach and Hope. with Young, had de-
clared they would "shoW Hudson
County that it could not come down
here and run things"
Different Counties Involved.
Simpson is from Hudson County,
the stronghold Of the Democratic par.
ty in New Jersey, and Jersey City po-
lice from the same county, carried on
most of the investigation.
On the day that Mrs. Gibson testi-
fed. Van Doren alleged, one of the
jurors was Dragging about the good