OCR Text |
Show UU L ASKS FOB HI TIL I OF OGDEN SWIGS I B1K CASE 1 In support of a motion for a new j trial in the case of Louise Van Dyke against the Ogden Savings b.ink. affidavits af-fidavits have been filed iu the district dis-trict court setting forth that the sig-natures sig-natures of Mrs. Van Dyke to cer tain receipts for the withdrawal of a savings deposit from the bank, were forgeries and also that one of the jurors, M. K Jacobs was attacked by a severe headache which caused him to yield to his fellow jurors who were opposed to his view of the case when it was being discussed in the jury room. It will be remembered that the verdict ver-dict in the case was "no cause of ac-tlon," ac-tlon," Jurors E. J. Marshall and Al- '! ma Gibby refusing to sign it. In the affidavit, which was filed last evening, the three jurors. Marshall. 1 Gibby and Jacobs swejr that Jacobs I was in favor of a verdict for the plaintiff but that he was seized with headache which made it difficult for htm to discuss the Question thorough-Ij thorough-Ij and cope with bis fellow jurors who were opposed to him It is also said In the affidavit that Jacobs was under the impression that, unless he yielded, ho would be retained indcf-inltely indcf-inltely in the Jury room and that his physical condition vvas such that he felt that he could not long endure tha ordeal. He states that he thinks that his judgment favoring the plaintiff wai right. Douglass A. Swan who was an expert ex-pert witness for the plaintiff In the H case and who testified that, in his opinion, the signatures on the re- I ceipts, except three, were forgeries, but that he could not well make a j convincing demonstration of that fact H to the court and the jury without photographing the haud writings of I , v- Van Dvke and th'- signatures On the receipts The affidavit states fur- j ther that It was Impossible to get con- I trol of the receipts long enough to j make photoeraphs of thein and tint. H j if a new trial is granted and the ' writings given over for careful in- H BpeCtion, it may be shown to the Jury-that Jury-that the signatures were forged. The San Francisco expert in hand- writing, Theodore Kytka. also make" an affidavit to the effect that Mrs. 1 Van Dyke s signature to most of the receipts were forged and that the H hand that wrote what have been pur- M ported to be the writings of Mrs. Van : Dyke was not the hind that wrote the woman's name to the receipts. In ! explanation of his affidavit. Mr. Kytka states that be made 8$ photo j graphs and enlargements of the writ L lags In question, magnifying the letters let-ters and words 81 times, using Mrs Van Dyke's writing as standards and the signatures on the receipts as H ijnostioncd writings." He concludes j his affidavit by saving that "the tM writings show that the forger practiced prac-ticed from a genuine signature" The motion for i new trial will be heard by Judge Howell in the near future. ! It will be recnlled that J. J. Turner has been charged with tho forgery tM and that he is now a fugitive from justice j |