Evening star., 1938-01-13
TELEPHONE CALL
BY JUROR BRINGS
BENNETT M|STR|AL
Man Fined $50 After Asking
Lawyer if He Can Cues.
ton Witness.
IN CONTEMPT OF COURT,
IS JUSTICES RULING
Hearing of Two on Charges of
Transporting Jewelry in
$4,000 Theft Halted.

BACKGROUND
-haired Eula Mae Bennett
and her husband, James Bennett,
Were arrested last year after their
UeH-0roomed appearance had at
trdcted the attention OF police in
resttodting reports OF transportd-
ton OF "hot" Jeuels betDeen Wash
ington and NeD York. After the ar
rest OF the Bennetts, police seized
5euelry Dorth about $50 900. only
$4,000 OF which Uas identified as
stolen.
A $50 fine for contempt OF court,
imposed on 26-year-old District
Court juror for asking lawyer, whom
ne had known since childhood.
whether he could lawfully question a
witness In a criminal trial. was paid
today by the lawyer, who had re-
ported the conversation to Trial JUS
tice Daniel w. ODonoghue.
The juror, Edwin A. Austin, had
been serving in the trial of James and
Eula Mae Bennett, charged with inter-
state transportation Of stolen jewelry.
Last night he telephoned his lawyer
friend. John L. Laskey, son Of former
United States Attorney John E. Laskey,
and asked the question.
When court convened today, Justice
O'Donoghue asked: Which of you is
Mr.. Edwin A. Austin?"
Mr.. Austin, who lives at 1907 Hobart
street NV. and is an assistant buyer
in the jewelry department Of a de-
partment store, held up his hand.
Other Jurors Asked Questions.
1T has been reported to the court
that you telephoned a lawyer last
night and asked whether you might
question a witness" Justice O,Don-
oghue said sternly. Did you not re-
member that the court had told YOU
you might ask questions and that
several other jurors did question a
| witness yesterday? Didn't the court
instruct you not to discuss this case
with any one?" Justice ODonoghue
inquired.
The juror replied that he did not
discuss the facts of the case with the
lawyer and did not think his action
was improper.
Turning to the attorneys, Justice
O'Donoghue inquired whether they
wished to say anything. Thereupon
Assistant United States Attorneys
Charles B. Murray and William Hitz
and Defense Attorneys Harry T. Whe-
ian and Dean Ramey gathered at the
bench for a hasty conference. When
they returned to their seats at the
counsel table, Mr.. Ramey moved for
mistrial, which was granted
Laskey Tells of Call.
| Justice ODonoghue then called Mr.
Laskey to the witness stand. The
young lawyer testified that Mr.. Austin
called him on the telephone last night
and asked him whether it would be
proper to make an inquiry concerning
trial.
Mr.. Laskey said he replied mot
about the facts Of the case" and that
Mr: Austin told him he had some spe-
cial knowledge concerning the subisct
matter OF a witness testimony and
wanted to know whether he might IN
terrogate the witness, since he Was
afraid his questions might appear to
favor one side or the other.
The young lawyer testified he replied
that such questions might be asked.
He said Mr.. Austin did not identify
the case to him but, in reply to an
inquiry, said he was sitting in Justice
O'Donoghue's court. Mr.. Laskey said
ne inquired about the court 50 that
he might report the conversation,
which he did this morning.
Oath Held Violated.
In discharging the jury, Justice
O'Donoghue said Mr.. Austin had put
the Government to considerable ex-
pense and four days work, and had
violated his oath as a juror not to
discuss the case
He then called Mr.. Austin before
the bar and asked him whether there
Was any reason why he should not be
found in contempt of court. The Juror
replied he had nothing to say.
Didn't you know you were violat-
ing your oath?" the jurist asked.
mo. sir" responded Mr.. Austin.
Justice O'Donoghue then informed
Mr.. Austin he was in contempt, but
that considering his statement that
his motives were not wrongful he
would sentence him only to three days
in Jail or an alternative fine Of $50.
| Laskey Pays Fine.
Mr.. Austin was placed in the cell
block at the courthouse and had
called his mother to get the $50 when
he learned Mr.. Iaskey. who has been
practicing for two years, had paid
the fine. It was announced Mr.. Aus
tins name will be removed from the
jury list.
Mr.. Murray said the Bennetts will
be tried again, probably next month.
They were charged with transport
ing more than $4,000 worth of stolen
jewelry from New York to Wash
ington.