Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-06-14
SMALL HOPES FOR MAXWELL.

The Judge Grants the Attorney HI M
day to Get His Evidence For q Ne'
Trial.
ST. LOUIS, June l2.-When the motiol
for q new trial of Maxwell was discussed
in the Criminal Court, neither Judge Fa'
I Wagner nor Attorney FountleroY we're II
q pleasant humor. The former had JUS
had an irritating discussion with some OF
torney relative to delays in other matters
and the latter was informed as he entered
the court room that the motions for a new
trial in the cases of his Chinese clients
Chyc Coon and CyO Chiogk. were over
ruled. These facts initiated against q
pleasant review of Msxwelrs reasons for q
new trial, particularly 30 as Mr.. Fsuntleroy
had at his house a partly finished brief
that he had intended presenting the Chi
nese cases. His particular errand was to
ask for time to file afidsvits Al to Juror
Cuolaban's prejudice. He wanted ten
days.
Il can't give you this" said Judge Van
Wagner, very briefly.
"But,your Honor" protested Mr.. Faunt-
leroy, this is a very important matter. a
mans life is at stake"
II have heard a good deal of that kind
oftalk during the trial" replied the Judge,
still more CURLY, land | am tired Of it. l
will give you until Monday.
Il do not think that will be suficient"
said the counsel" and then added with
sarcastic courtesy, "but we are very much
obliged to your Honor for that favor"
1t is understood that several additional
afidavits will be fled in support of Mr..
Mielert's statements that Cuolahsn had
hoped that be would have a chance to help
hang Maxwell. Should the motion for a
trial be oyerruled, the defense have
four days in which to file an arrest of
Judgment. After that, presuming ~unfavor-
able rulings straight through, they will 90
to the Supreme Court, filing their bills OF
exceptions before the close Of the present
The Supreme Court Of the United
States will then be resorted to if before
that time o decision is not reached In the
Hayes case now pending The ground
there is the same as it would be for Max
the law granting the State fit
teen temporary challenges ia unconstitu.
tionsl. The prisoners counsel will fight it
to the bitter end.
John Cuolahsn, the Juryman who is al
legged to have expressed a strong opinion
prior to the trial, and whose consequent
Incapacity to act forms the basis OF the
fifth point in the motion for a new
trial, is highly indignant at the charge
against him, whichhe describes as
An infamous falsehood. In conversation
with a reporter he said: This nan Mic.
Iert is q Polsnder by birth, but has been
here for some time. He vas ap.
Deputy Constable by j. c Friese,
the Thirteenth ward, Just before the
lime he says he heard me express a
that Maxwell would be hanged
am not on good terms with
either Mielert or bis employer. and we have
had more than one private ~squabbie. He
has had a spite against me for years, and
his is not the first time be has tried to do
me an injury. However, he has gone too
far this time. The whole thing ia a con-
and has not a tissue Of foundation.
When 1t is all over l shall have Mielert up
the Grand Jury. l thought
about the Maxwell case enough 10 form an
till after | had heard the evidence,
and both the statements about me are un.
true. Mielert knows that very we'll, and
his only motive isto get notoriety at my
expense and to serve out al old grudge."