Evening star., 1942-10-20
Eviction Case Mistria|
Is Called After Juror
Talks Out Of Court
Admits Conversation
With Counsel of D. G..
Rent Administration

"a lll1oUl ld1 was uCC1dlC Gu tOOdy
in the Municipal Court trial of
Mrs. Helen Hougasian, on a
charge of evicting a tenant lille
gally. Judge George D. Nelson
declared a mistrial because a
juror had a conversation outside
the courtroom yesterday with As
sistant Corporation Counsel Mil
ton Norman, who was prosecut-
ing the case, and Ernest F.
Henry, chief counsel for the Dis
trict Rent Administration, who
was sitting with Mr.. Norman at
the counsel table.
c. Chester Nichols, 81, of 1919
Beecher street NV, a Juror, had
admitted he had spoken to both
Mr.. Norman and Mr.. Henry con-
cerning provisions of the Rent Con-
troll Act, under which the prosecu-
ton had been brought. The trial
was In its fifth day.
Defense Attorney Jack Politz
moved that juror be withdrawn
when the case was resumed this
morning, saying that he had learned
that Mr.. Henry had explained GER
tain provisions of the act to Mr..
Nichols. Closing arguments had
been scheduled for today and the
case had been expected to go to
the jury before noon.
Mr.. Norman. IN replying to Mr..
Politz, said the Juror approached
him yesterday in the corridor Of
the building with the statement
that "I'd like to ask you something
about the Rent Control Act but it
has nothing to do with this case"
Mr.. Norman said he backed away
from Mr.. Nichols and informed him
that during the progress of this case
a juror should not speak to him
about anything. The juror kept
coming toward him, Mr.. Norman
said, and insisted on stating his
question. When he had finished the
query about some minor point in the
act, Mr.. Norman informed him that
Mr.. Henry probably could tell him
about it. At this point, Mr.. Norman
moved away from the juror.
Later yesterday, Mr.. Nichols saw
Mr.. Henry outside the courtroom
and inquired of the provision in
which re was interested. Mr.. Henry
admitted in court today that he had
informed Mr.. Nichols of the pro-
visions Of the act in which he was
interested.
Both Mr.. Henry and Mr.. Norman
denied the assertion of Mr.. Politz
that anything had been said that
was prejudicial to the defendant.
Judge Nelson, however, held that
the rights of Mrs. Hougasian had
been prejudiced, and gave Mr.. Mich
OILS stern lecture.
1T was highly improper for you
to discuss this case or anything
about the rent act with any one
during the progress of the trial, par
ticularly with the prosecuting coun-
sci in the case" Judge Nelson de-
clared. "And let this be warning
to all jurors-that if anything else
like this occurs in violation of the
explicit instructions of this court re-
garding the discussion of E case dur
ing the progress of trial, I shall
not hesitate to hold him in con-
tempt.
''This trial has been a considerable
expense to the Government and now
the case will have to be tried all over
again."
Jurors are paid at the rate of 81
daily and the pay of IL jurors for
i've days is $240.
Mr.. Nichols protested that he had
not discussed anything that related
to the particular case before the
court and that he considered his
conversation nothing more than "a
harmless passing remark"
Mrs. Hougasian, operator of q
rooming house at 312 E street NV,
was accused of evicting Mr.. and
Mrs. Allen Joy and their four chill
dren in order to rent the rooms
they occupied at higher price
Mr.. and Mrs. Joy had moved after
Mrs. Hougasian had won an evic-
tion suit In the civil division OF
Municipal Court, where she had told
Judge Ellen K. Raedy that she
wished the joys rooms for herself
The prosecution produced wit.
nesses who said that they hat
learned that Mrs. Hougasian hat
rented the Joy apartment for $2(
weekly, whereas the Joys had beer
paying only $l2.50. Mrs. Hougasiar
denied the statemeqts.