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Jury Misconduct Overturns Austin Fine

Monday, December 20, 1920 special called
  • Austin officials convened a special meeting to address a request to overturn a speeding fine.
  • The Corporation Court Judge recommended waiving the fine for Henry Strassburger due to irregularities in the original trial.
  • Key reasons for the recommendation included the jury discussing "extraneous evidence" (information not presented in court) and conflicting testimony.
  • The officials voted to remit (waive) all fines and associated court costs for Mr. Strassburger.

Full Transcript

REGULAR MEETING OF THE CITY COUNCIL: Austin, Texas, December 16,1920. The Council was called to order by the Mayor. Roll call showed the following members present: Mayor Yett, Councilmen Alford, Graham, Haynes Councilman Ward absent. Councilman Haynes introduced the following resolution: Whereas, the City Council has just been informed of the death of a member of Councilman Ward's family, Therefore, BE IT RESOLVED BY THE CITY COUNCIL: That the sympathy of the Council is extended to the bereaved family and out of respect the Council stands adjourned. The above resolution was adopted by the following vote: Ayes, Mayor Yett, Councilmen Alford, Graham and Haynes, 4; nayes, none, Councilman Ward absent. SPECIAL MEETING OF THE CITY COUNCIL: Austin, Texas, December 20,1920. The Council was called to order by the Mayor. Roll call showed the following members present: Mayor Yett, Councilmen Alford and Haynes, absent, Councilmen Graham and Ward. The application for remission of fine in the case of Henry Strassburger was read, and Councilman Haynes moved that the fine and costs against the said Henry Strassburger in the Corporation Court for speeding be remitted, upon the recommendation of Judge A. L. Love, Judge of the Corporation Court, for the reason that extraneous evidence was discussed by the jury that convicted the said Henry Strassburger and that such fact came to the attention of the court too late to grant a new trial thereon, and for the further reason that the evidence submitted during the trial was very conflicting and the discussion of the extraneous evidence in connection with said evidence very probably caused the verdict of guilty to be rendered. Motion carried by the following vote: Ayes, Mayor Yett, Councilmen Alford and Haynes, 3; nayes, none; Councilmen Graham and Ward absent. The Council then adjourned. Jas. B. Farmer, City Clerk.