Show new trial granted the last of the murderers of cronin OTTAWA ills 1119 jan 19 the state supreme court in an kopini opinion on lenderd V by chief justice balley bailey today tod to d day 0 e o verses judgement jud gement in the case t of f coughlin ono one of the cronin murderers and remands demands the case for trial the opinion makes words the reversal is based princ principally principal ly on the ineligibility of bontecou Bontee Bont ecoe Ao and clark two of the jurors the justice show by these witnesses that they were prejudice when summoned formed opinions which when juggled by attorneys were to all appearances found to be groundless or regarded as aa jurors excuses the honorable justices after quoting from over fifty cases says in part A juror who was known to have in in his mind a fixed and positive opinion was not impartial verdict according to the evidence notwithstanding that he previously testified he be had formed an opining op ining does not remove the barriers that disqualify hini him to compol compel a person accused of crime to be tried by a juror who prejudiced is not to give him a fair trial in closing the opinion says wo we are of the opinion that jurors bon decoo and clark were disqualified and the decision dic ision of the court overruling challenges va as in error this noc esia rily work a reversal of afie case no other expression of opinion as to the various other points raised by councel was given justice schofield IM has written at the end of the opinion 1 I 11 dissent both from thereso the reso ning and I 1 the in the foregoing opinion judge maunder also dissents and says k judgement jud gement if reversed upon the alleged ground that bonte coo coe and clare were not impartial juror the judge then reviews the examinations ami aini nations of juror and a nd considers I 1 them to establish their cuir compe competency toncy ho he says two facts wore clearly disclosed that their opinions wore were babodi on oil newspaper sta statement and they wore believed to be able to render a verdict in accordance accor danco with the law and ovi danco magruder says sap if men who rord newspapers papers accounts aro are excluded from froin at jury box boi trial by jury might as well bo be abolished the fact that a juror has expressed an opinion based on newspaper statements docs not necessarily necess noces arly sarly disqualify him and in support of this judge magruder cites a number of opinions opi nimis salt lake tribune |