Jasper County Democrat, Volume 17, Number 95, Rensselaer, Jasper County, 6 March 1915 — SATURDAY, MARCH 6,1915 [ARTICLE]

SATURDAY, MARCH 6,1915

MISCONDUCT IS CHARGED AGAINST JURY MEMBERS. C. J. Murphy, of Service Board, Was Defendant. Indianapolis, Ind,. March ?>.— Charges of misconduct on . the part of members of the jury in the circuit court which returned a verdict in favor of Charles J. Murphy, member of the public service commission, in the suit brought against Murphy by Tillie A. Boruin, is made in a motion for a new trial of the case -and three affidavits filed with the motion. I'illie A. Borum sued Murphy on the ground that he had leased a house owned by her in Woodruff place, and that he refused to carry out the terms of the lease. Murphy denied that he had leased the property. It is alleged in the motion for new

trial and the three affidavits that Edward J, Gust, foreman o's the jury, who lives at Acton, and Harvey Hand, a hatter, a member of the jury, ’smiled,—sigealed and winked at the defendant, witnesses for the >’.e‘endant and the defendant’s attorIn an affidavit signed by Clara Ritter, it is alleged that Harvey Hand "smiled, winked and signaled" at = i lain witnesses for the defendant, including I. N. Harlan or his .wife. It i- further alleged in this affidavit teat Gust ■’smiled, winked and signaled at the defendant or his counsel. Similar affidavits were made by the plaintiff and Clara A. Jelf. "She’s a peach," said Hand when told what he was charged with in the affidavits. "Why, Gust and T were in favor of finding for her,” < o’ntinued Hand, referring to tac plaintiff. ‘‘l never did any of the things charged against me in those affiadivits. What do you know about that?” ’ . '. Gust was as much surprised as Hand when told about the charges in the affidavits. He said he and Hand were in favor or returning a verdict for the plaintiff when the balloting started. He said he might have smiled when a funny remark was made during the trial, but that he did not "smile, signal or wink" at the defendant or .his witnesses.