Evening star., 1939-02-08
Worring
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Of the informations states, was "di-
rected and empowered to take the
jury in charge and permit no one
including himself to speak to them
concerning the case and to guard
them from outside influences during
the course of their deliberations" "
This jury was not locked up be-
tween court sessions. The informa-
ton says that during the trial En-
mitt Warning said to Upperman that
he would send something over to
the said Upperman.'
On the first day this jury began
celebrating on the case, Upperman,
according to the information. re-
ceived from liquor store a package
containing two quarts of whisky
which was caused to be delivered
by respondent. Emmitt R. Warning" :"
During the three days and half
the jury was out. Upperman re-
ceived additional packages, the doc
ument adds, each containing two
quarts of liquor and sent at the in
stance of Emmitt. The information
declares:
Certain of said liquor was given
by Upperman to certain of the
jurors during their deliberations on
this case"
Charge S11O Gift Made.
The document charges also that
before the trial began Emmitt War
ring caused Upperman to be in
formed that if the verdict was
satisfactory to the Warnings, En-
mitt would take care of a $3.50 note
owed by Upperman which was then
coming due. The information adds:
while said jury was celebrating
the respondent, John B. Upperman
spoke favorably of the Warnings
whenver the opportunity presented
to certain of the jurors
Another charge is that while this
jury was weighing the evidence En-
mitt sent Upperman $40 bill and
during December, 1898, after the
discharge of the jury, Emmitt
caused John B. Upperman to be
given $100."
These alleged acts and promises
to Upperman, the document says,
were all intended by the respond
ent, Emmitt r. Warning. to obstruct
the administration of justice in this
honorable court"
At the close of each of the four
informations, the United States at
torney appends that IF upon hear
ing of this petition it appears to the
court that other persons were con-
cerned in the matters stated herein
as constituting a contempt of this
court, that they be made parties to
this petition
Holds Whisky Reached Jurors.
At the second trial Justice Laws
ordered the jury kept in court Gus
tody constantly, and Mr.. Pine points
out that they were kept together at
the Continental Hotel between court
sessions. On February /. the first
day of this trial, after adjournment
Of court, Emmitt Warning, according
to the information, sent Upperman
two quarts of whisky, which was
consumed by respondent Upperman
and certain Of the jurors to whim
he had given same"
On February 3, Emmitt is charged
with having caused two additional
quarts to be sent Upperman at the
hotel, "a portion of which said
whisky was consumed by certain OF
the jurors"
Emmitt communicated with Up
perman at the hotel February S, ac-
cording to the information, and in
quired whether the marshal desired
any further whisky or needed any,
thing"
On or about January "a, the
United States attorney charges, En-
mitt telephoned Thomas Harrison
Quinlan and asked if he knew "a
juror named Sayles and another
juror named Spedden." Emmitt re-
,ferred, according to the prosecutor,
to Edward D. Spedden and Robert L.
Sayles, who were members of the
jury panel in Criminal Court No. 3.
Emmitt was told, Mr. Pine alleged in
his information. that Quinlan did
know or know of the jurors in ques-
tion Emmitt then asked Quinlan to
call at Emmitt's home, which Quin-
Ian did, he said. At Emmitt's home,
the information says, Quinlan was