The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-12-28
MAXWELL AND KING.

Attempt and Failure OF the State 10 Get
Them Before Jury, YesteFday-The
old venIre discharged and n New One
Ordered-shreWd IReiies OF the Alleged
EmbeEzIers' Counsel.
The Circuit Court room was well filed
Yesterday morning with persons who were
curious to know what the final result Of
The criminal cases Of the City Of Wheeling
VS.. John L. Maxwell and Andrew King
would be. The State was represented by
City Solicitor Erskine, Prosecuting Attor.
ney Jordan, E. G. Cracrait, G. B. and Al
fred Caldwell, and Capt. B. B. Dovener,
and the accused by W. P. Hubbard, II.
NJ. Russell and ]. A. Good.
The counsel for the State began by press
ing for plea, but the counsel for the &C.
cused:: tirst wanted q severance, then plea,
but this was summahly disposed Of by the
Judge, who oyerruled the motion OF the
defense.
MIR. Hubbard then, after q consultation
with his co.counSel, moved that the &C.
cused be discharged, as three regular terms
had passed since their Indictment, and
read from Kelley's Revised Statutes In
support OF his motion. The prisoners, he
aid, had been indicted at the spring term,
1870; they were not tried at the fall term
Of the same year, nor at the spring term oil
1880, nor yet at the fall term oil the came
wear, as court had adjourned December
is, and as all three Of these terms had clip.
ped by without trial, they were entitled
to discharge.
Judge Melvin also overruled this mo-
ton, which was excepted to by MIR. Hub
bard. Judge Melvin In oyerruling said
that an adjourned term was, in bis
opinion, part OF the regular term.
Mr.. Good, OF the counsel for the de-
Tense, said that he desired to make two
motions, viz: That the indictments BE-
read 10 Maxwell and King, and second
that the indictment be read TO Andrew
King, who had not been served with 9
copy, but Maxwell had.
The clerk then read from the ordel
book, showing that on April S0th Maxwell
had been served with 8 notice. Ate
come further caviling the Judge oyeyrulet
these motions and told Mr.. Russell 1t wa
bis turn.
"Well, your Honor, my speech is no
long. Not guilty and severance"
The Judge: "Lst a severance b'
granted" 80,
II move that jury be Called" said Mr.
Jordan.
Mr.. Hubbard then moved that the State
elect one Of the otIenses charged in the in
diCtment, which motion was overruled.
The Judge: eve will now call a jury
Is that resisted2"
Mr.. Hubbard: "That depends upon WHIT
they are"
to say anything about the selection ant
composition Of the jury"
As the hour was rather late an adjourn
ment was effected to lock up authoritie
and allow the attorneys time to consult.
| AFTERNOON SESSION. ,t+
Shortly after two o'clock Judge Melvin
was on the bench, and the c,unsel for thu
plaintiff and the defense were cautiousl!
cycling each other, wondering, perhaps
what the outcome would be.
The Judge fixed himself comfortably
and as soon as he assumed an air OF ex
pectancy, Mr.. George B. Caldwell, one o
the counsel for plaintiff arose and pro
pounded conundrum, asking in effect
whether the question before the Cous
was in regard to the powero OF the Court Il
impanel jury, or in relation to the dis
qualification OF jurors to serve"
The Court-1t may be proper to ask
"Where are WEI"
Alter some talk about the proceeding
OF the morning session, and the question:
raised, the Judge said: "Ithink 1t is with
In the power Of the Court 10 order jnr!
to be summoned forthwith, and an orde
for the same may be made out"
Mr.. Russell (for defense I'VE suppos,
your honor Is not talking about this case
In particular, but that you merely intent
II as general order.
The Court: 40 there Is distinction
without difference. ltmight be for tn,
dispatch Of the business OF the Court, bu
1t does not perclude this case"
The Court then dictated statement o
the case TO the stenographer, aud ordered
the Sheriff TO summon thirty.six juorl
forthwith for the convenient dispatch o
the business OF the court.
Mr.. George Caldwell, (tor the plaintif)
"Does the Court mean drawn or sum
moned2"
moned."
Mr.. Caldwell. eve ask that they b,
drawn in the regular way"
"Tbe Court: "That method woult
cause unnecessary delay. The Sheriff will
proceed to summon thirty-six jurors forth
with.
The objection interposed by counsel 70
the plaintiff was overruled, and whilt
Deputy Sheriff Mitchell was walkini
around the court room gobling up the In
nocents, counsel on both sides put in thei
time by experimenting with a toy grass
hopper. Finally the list was completes
and handed over to consel for the defense
who, alter short examination, asked
how the Jury was 10 be impsneled, t
which his Honor replied by calling tn,
he first twenty on the list. AS soon o.
the Court said: !,
"Let twenty Jurors come" Mr.. Russell
Immediately rose and exclaimed, "Now
your Honor, we object" The counse
for the defense recited that 1t was not the
customary way Of summoning jury. ar
guing the matter at some length. Thu
counsel for plaintiff remarked that the!
fully agreed with the other side in regard
to the mrtter.
The Court-"If that is the case it re
lieves the undersigned OF great deal O
trouble" "a.
MIR. Caldwell-"we are willing to Civ,
them that point, especially when it cost
The Gourt-"I won't presume to set "
my judgement against such an array o
talent. 1t is as much as I can do, com
fortably, to decide between counsel, bu
when there Is such substantial concurIenc,
An order was then entered discharginl
the Jurors present without day, and di
recting new panel Of iorty.three jurors
to DO drawn and summoned in the regu
lar way, to appear at the court house OF
Wednesday morning the Goth inst. Thu
Jurors in The case Of the State va. Johr