Trial of this case started on February 15, 1961. At 11:35 A.M. on February 16, counsel for the defendant informed the judge and counsel for the plaintiffs that he had "learned of an acquaintance between the defendant and the foreman of the jury." The plaintiffs' attorney told the judge that he would proceed with eleven jurors. He then inquired whether the foreman was to be excused and the judge replied, "We will...
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