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OCR Page 1 of 3March 27th,1930.
Dr. R. B. moore,
l'urdue University,
Lafayette, Ind.
Dear Dr. Moore:
We assume that the two wires sent you on Tuesday, March
25th, one about fifteen minutes after the other, were received, and that
from same that you gathered we had a mistrial.
We had,prior to going to trial on the 25th, put forth every
effort to negotiate a reasonable settlement of these cases, and while we
believe that the other side wanted settlement as badly , if not worse than
we, they would not agree to a figure which would have been satisfactory to
us, even though we felt that we were disposed to settle on a very liberal
basis. We, therefore, started proceedings on the morning of the 25th,at
10:30 A.M. - the jury was selected and the opening process by the plaintiffs
as well as ourselves had been completed.
When we were ready for the first witness, the Judge declared
the noon recess, and advised that the Court would reconvene at 1:30. During
the recess the principal witness in behalf of the plaintifis engaged in a con-
versation with one of the jurors, and his conversation was noted, part of it
was overheard by the Court itself as well as by our attorneys, and several
others about the Court Halls. The conversation was of such a nature that
there was no question but that this individual was endeavoring to predudice
the juror against us. The matter was discussed in the Judge's private chambers
by our connsel as well as the counsel for the plaintifis, and it was mutually
agreed that it was practically impossible to proceed with the jury selected
under the circumstances, and there was a mistrial granted, not on the grounds
of tampering with the jury, but upon another error which occured earlier in the
day.
The Judge felt that it would be unwise to antagonize the jury by grant-
ing a mistrial for the reason which actually existed - there were also other
conditions which influenced this decision.
We were trary much disappointed not to have been able to proceed
for we felt that we were as well, if not better, prepared than we ever would
be and that the plaintiffs were not anywhere near as well prepared as they will
be by the date now set for trial, namely April 22nd. However, this
was
a
circumstance which we could not avoid and we will have to make the best of it.
We are, therefore, scheduled to continue these actions on April 22nd, and in
this connection we sould like to have word from you as to whether or not you
will be available at that time, should we desire your services. Please be
assured that we appreciate that this matter of first wanting you and then decid-
ing it is not necessary to have you, is verv annoying to you, but it is a matter
beyond our control, and we are doing the best we can under the circumstances.
We trust that you will have patience and bear with us in this
matter, for we feel that we are being harassed and worried by those who do not have
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