The Waterbury Democrat., 1940-02-21
LYMAN JURY TO
 HEAR LOCAL CASE
Continued from Page D

(Continued from Page D Miss cavanaugh conferred with her attorneys yesterday and expressed desire not to have the case con- tinued with eleven jurors and ar- engagements were made for todays proceedings.
 A conference between States Atty. William B. Fitzgerald and Asst Atty. Walter D. Smyth and Miss Cavanaugh's counsel with Judge McEvoy was the first move this morning.
 When court was actually opened Atty. Miles F. McNiff, Jr., stated that Miss Cavanaugn had a state- ment to make to the court.
 Hiss Cavanaugh then said that sine was willing to have the case continued with eleven jurors.
 T do not want a mistrial declar- ed," said Miss Cavanaugh.
 Miss Cavanaugh's attorneys ex- plained to the court that Miss Cav- anaugh realized the inconvenience that would be caused on all sides.
 States Atty. Fitzgerald then said that there was no objection on the part of the state to the trial pro- ceeding with eleven jurors, but as- serted that 8 stipulation would have to be signed by Miss Cavanaugh in which she agreed to waive any right of appeal to the supreme court of errors, on the ground that she had been tried by an eleven-man jury.
 Miss Cavanaugh said she would sign the stipulation, and was desir- ous to so do.
 Judge McEvoy at this point asked if Miss Cavanaugh fully realized what she was signing.
 At this point recess was taken to permit Miss Cavanaugh to study the stipulation.
 It was reported following the re- cess that Miss Cavanaugh knew what she was signing and was sign- ing 1t of her own volition and with out influence on the part of her at- torneys or States Atty. Fitzgerald or anybody else.
 Judge McEvoy then adjourned to his chambers where he studied the unusual situation presented to him.
 When court was reconvened at noon Judge McEvoy stated that it must appear in the case that Miss Cavanaughs action was voluntary and this fact was reiterated.
 Judge McEvoy again asked Miss Cavanaugh if her decision was her own idea and she said that it was and in response to the judge said she understood the meaning and importance of her decision.
 The stipulation was then presen- ted and Miss Cavanaugh signed 1t il4 the presence of her attorneys and Court Clerk George Freeman who witnessed Miss Cavanaugh's sigma ture.
 JuGge McEvoy ordered the stipu- lation placed on file and then ruled that the case could continue with eleven jurors.
 He said that there would be no session of court tomorrow and ad- journed court until Friday morning at 10 o'clock.
 A conference between attorneys and the judge, relative to @ session of the trial next Monday resulted in a decision not to hold a session on tkat day as Atty. Wrenn would not be able t0 attend
 When court resumes Friday as above set forth, 1t will be the first time in the states history that a criminal case will be tried before an eleven man jury and 1t was this fact that caused Judge McEvoy to ponder the matter so long before making his decision.
 It is not usual for civil cases to be tried before an eleven man jury or even a smaller one, but in crin1- inal matters in the past, mistrials have been declared when jurors were stricken i'll.
 States other than Connecticut, 1t was pointed out in court this morn- ing, have tried criminal cases be- fore elevenman juries.
 It was also reported in court this morning that MT. Nickerson's condi- tion is a real serious one, due to his age and that he would not be able to leave his bed for a long time, let alone come to court.
 The case has been on trial for practically four weeks. If a mistrial was declared today the cost to the state would be heavy and the in- convenience to Miss Cavanaugh and her attnrnavS Oraat