Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1883-03-07
IN A new PLACE.
UparalIsled Proceedings in the Paul
Case.
The Foreman Of the Jury Files an Affidavit
Stating That He Kept the Jury in
Ignorance About the Effect Of
the Verdict.
EEIGHB0RHOoD NEWS IN GENERAL.
Special Dispatch 10 The Register.

SpectH DIspdlc0 10 he kfylstr.
PARKRRsBURG, March 6.-The noted Paul
case recently concluded in the Circuit
Court has assumed character unparalleled
in the history of criminal cases. The court
room was to-day the scene OF remarkable
proceedings. The prisoners counsel, with
Judge Furguson, who has been employed
in the case since the verdict, presented the
afidavits of Joseph Paul, Levi Newbanks,
the foreman, and three other members Of
the jury that convicted the prisoner, to-
gether with the affidavits OF three other
citizens, as basis for new trial. The facts
alleged in the affidavits were: First
Strother freeman, one Of the jurors, had
made up his mind, and expressed the opin-
ion that Paul ought to hang; that he in.
tended to get on the jury for that purpose.
Second-That the jury was not informed
as to the duties Of fixing the penalty Of I'M.
prisonment instead Of hanging, and were
of opinion that the court had the right TO
determine that matter. Third-That the
foreman Of the jury, Levi Newbanks, will
fully and corruptly misled the jury in regard
to their duties in fixing the penalty, and
caused them to bring in a verdict without
affixing penalty. Strange as it may sp-
pear, the charge Of misconduct is support
ed by the aftidavit,::o of Newbanks, fore
man Of the jury, as to his turpitude, and
so remarkable is the fact that the affidavit
is given in full and the REGISTERS read.
ers may Judge OF its character themselves,
STAGE OF WEST VIRGINIA, ETC.
Levi New Banks being duly sworn says
he was one the jurors employed in the
case tried before the present Circuit Court
of Wood county, State of West Virginia,
VS.. Joseph Paul indicted for the mu der OF
Reuben Marquis. While the jury we're retir
ed to make the verdict several jurors were
of the belief that the jury was to determine
simply whether the accused was guilty or
not guilty as indicted, and if the accused
was found guilty the court was to fix the
penalty which might be death or impris.
Onment. Affiant knew that the verdict OF
guilty, if nothing more was added to the
verdict would result in death
to the accused. Affiant concealed this fact
from the other jurors in order that they
might not allow their sympathies to go out
to the prisoner on account OF lne ueatn
penalty, which would follow such yer.
dict. Affiant is satisfied that several ju.
rors, had they understood the effects OF
the verdict, would not have agreed to the
same without the qualification added to
the effect that the penalty should be
imprisonment instead OF death.
The States Attorney introduced
the affidavits of Jacob Houser.
J. n. Myers, Strother Freeman, jurors,
with those of J. B. Burche, Z. s. Haddex,
]. G. McCluer and C. T. Caldwell, in which
the allegations made in the above affidavits
are controverted and denied. Elaborate
and able were the arguments made by
counsel in which many authorities were
cited on both sides. Judge Jackson had a
summons issued for T. A. Suffin and Levi
Newbank, who will be brought into court
and requested to explain their remarkable
course.