The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-01-18

| dence atiRRofe aud remarked that the re-
| sort to one mode might exclude the re.
sort TO the other, by analogy TO the ones
tion of the competency Of q witness aud
that the court could not see how per.
sou who had been in the rebel army,
| fighting against the United States, could
be competent juror under the said 9th
Section. The Court then said, In this
connection | will make few remarks, ~
and stated in substance that the seuti-
ments OF Union men, in reference To this
question, might surprise many persons !;
that this war had grisyed him more than
anything which had occurred during his
life; that it was the greatest calamity
that ever afflicted any country beneath
the sun; il had drenched the land with
human blood, had caused the death of
thousands aud thousands of citizeus, and
had impoverished the country; that on
the day when the ordinance of seces-
sion had been voted upon, he the Judge ]
had in coming out of the Court house
met a man who had voted for the ordi-
nance OF secession; the man said to him,
you look sad !" replied II am sad, and
remarked to the man that felt sad at
the great calamity which was in store
for the country | stated to him, as it
has since come to pass, that Yirg MIA
would he the battlefield and graveyard
Of the war" The court stated it had
been induced TO make these remarks be.
cause of the conduct of the counsel who
defended the prisoner: that he was glad
to see counsel do all they could properly
in defense of eheir clients, but counsel
should not smile and laugh when the
court had rendered decision.
The ssid affiant also stated that upon
the sahftrial for murder il had been ties.
titled to, in open court, in the presence OF
many OF those who were upon the venire
for larceny, that the affiant had in Au.
gust, 1862, left his home and joined the
Confederate army, aud continued there
in until the spring of 1868. And the atfi.
ant, Frederick Hoover, believes that the
remarks so made by the court, as atore-
said, had tendency tn impress upon the
minds of those present that the cOurt
was dissatisfied with the verdict reu.
dered in the said murder case, and to
impress them unfavorably as 10 the limo
cence of the affiant in the case which was
then about to be tried
Sworn to by Frederick Hoover, before
me, in open court, this l2th day of Sep
tembeT, 1865
GEo Ross. Deputy Clerk,
Circuit Court, Lewis Co.
Prisoners counsel cited | Russ on
crimes, % aud Garlands case L, Graft
Atty Gen Com, rs Bennett , Va Cases
235
Johnathan Moody lFrom Circuit Court
stu state e0"n Moons ''' Upsher County
The prisoners were charged with the
taking of certain United States notes of
the value of $3.50 They demurred to
indictment; demand over.ruled,
Petitioners assigned the following er.
rors:
lst. The Court erred in over ruling
the demurrer to the indictmHt and
each count thereof
ID 1t was error in the Court in not
setting aside the verdict, on the ground
that the verdict did not show on which
count of the indictment the petitioners
were found guilty.
3d The Court erred in not setting
aside the verdict aud granting new
trial, on the ground that there was no
guidance thai the United States notes,
in the indictment mentioned, were gen
uiDe or OF any value.
No counsel appearing for the petition
ers, the case was submitted by the AT
torney General with a tew explanatory
remarks.
The following cases were continued:
Jacob Bush, Ads as MenteI j Baily,
Hezekiah Moran, rs Mary Bines, ct. al.
Court Adjourned till tomorrow morn
ing at ~ o'clock.