Unusual Reason for a New Trial

Unusual Reason for a New Trial

Former Fire Chief James R. Canterbury, of Minneapolis, who was deposed by the city some time ago after trial, has sued the city for a newtrial in its civil suit. His attorney avers that the jury which returned a $3,000 verdict for the city was unduly influenced by “gestures, facial expressions and shaking of the head" by Judge H. D. Dickinson, district court trial judge. In tinaffidavit accompanying his request for a new trial Mr. Hall asserts that the alleged facial gestures of the judge “were all the more noticeable for the reason that the judge is usually most urbane and impersonal in his attitude. Among the alleged acts of the court complained of are "shaking of the head,, scowling of the face, motion of the hands as if throwing something from him and expressions of the court's disapproval, distrust, disbelief and adverse opinion.” Mr. Hall says all of these alleged acts “aggravated and intensified the rulings of the court and the charge to the jury, giving emphasis to points adverse to the defendant.”

Former Fire Chief James R. Canterbury, of Minneapolis, who was deposed by the city some time ago after trial, has sued the city for a newtrial in its civil suit. His attorney avers that the jury which returned a $3,000 verdict for the city was unduly influenced by “gestures, facial expressions and shaking of the head" by Judge H. D. Dickinson, district court trial judge. In tinaffidavit accompanying his request for a new trial Mr. Hall asserts that the alleged facial gestures of the judge “were all the more noticeable for the reason that the judge is usually most urbane and impersonal in his attitude. Among the alleged acts of the court complained of are "shaking of the head,, scowling of the face, motion of the hands as if throwing something from him and expressions of the court's disapproval, distrust, disbelief and adverse opinion.” Mr. Hall says all of these alleged acts “aggravated and intensified the rulings of the court and the charge to the jury, giving emphasis to points adverse to the defendant.”