A New Trial

The Sackett-Dancer trial, which attracteci considerable notice during this term of court, will be tried again at the next term. The result of the previous trial was in favor of the defendant. A. J. Sawyer, attorney for the plaintiff, asked that a new trial be granted, and in support of this request he submitted several affidavits, which were made public some time ago. Yesterday the motion for a ncw trial was argued before Judge Kinne, M. J. Lehman and J. T. Honey appearing for Mr. Dancer. A large number of affidavits were presented by Mr. Lehman, including some f rom Wm. Nalor, David R. Owen, George D. Schaffer, Fred Helber, John F. Lutz, W. D. Simmons, Ernest D. Warner, Anthony L. Holden, Philip Duffy, George C. Richel, Alexander Dancer, L. C. Rodman, Michael Brenner, M. C. Peterson, William Every, Charles Bell, Elliot Williams. One or two more affidavits were also presented by Mr. Sawyer. Aftei' the reading of the affidavits Judge Kinne stated that he had no doubt that the actions of Sheriff Brenner and Deputy Sheriff Peterson were proper and that no new trial would be granted on the ground that they had in any way influenced the jury. However, it appeared that the jury had tampered with papers in Judge Kinne's private drawer, including the charge to the jury, or portions of it at least. This the judge considered a serious matter, and on this ground a new trial was granted. The jurors, or some of them at least, acknowledged in their affidavits that the judge's charge was read by them in the court room on the evening that they were out. Judge Kinne stated that he left no papers lying on the table, and accordingly the inference is plain that some juror took it upon himself to take the papers out of his desk. This needless intermeddling on the part of the juror or jurors who took the papers out of the drawer wil cost the county the trouble and ex pense of a new trial.