Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-03-27
A NEW TRIAL.
Continued From First Page.

SIN the case of the State v. Robinson, %
W. V. 761, the Judge who delivered the
opinion uses the following language: No
one would say, if q jury ~disregarding the
charge of the Court should separate and 90
among q crowd of people, that a verdict rem
dered by them against a prisoner in q felony
case ought not to be set aside, although
every Juror might swear that he had no
conversation with any one on the casa they
were trying and heard nothing said by
others in relation thereto
''If the foregoing be taken as the deliber-
ate opinion Of the Court of Appeals,
then the verdict in this case should be set
aside because the jury, in disregard of the
charge of the Court, separated and went
among a crowd of fifty or sixty persons.
But l am inclined to the opinion, that this
language should be qualified, and that the
Court would not upon mature considera-
ton lay down the rule so broadly; though
/ express this opinion with no great de.
gree Of confidence, for the object OF the law
requiring the Jury to be kept together is,
that they shall not receive any
~ BIAS OR INFLUENCE
from any person outside of the jury-box,
and it would be altogether likely that
Jurors mingling with a crowd during an
exciting trial would hear remarks made by
some persons and be thus, unconsciously
perhaps, influenced.
Other charges OF separation Of the jury,
and improper influence exercised over
some of them are made, but / am Of tibet
opinion that they are not sustained By the
evidence, unless it be in the case of the
Juror whose wife and daughter told him
that he was catching it,; that the people
were giving it to him. A great deal
would depend upon the circumstances sur
rounding the speaking Of the words. II
the Juror understood that that the people
were making threats against him, because
he was supposed to be favorable to the
prisoner, then, of course, the verdict would
have to be set aside. BUt it is not neces-
sary to pass upon this.
"The verdict of the Jury is set aside, and
a Few trial awarded. l regret having to
come to this conclusion, but it was IN
avOidable."
There was no manifestation OF feeling in
the court room when the Court made this
announcement. Baker, who had set I'M
moved throughout the Judges remarks,
! shook hands with one or two Of those
about him, and then, being remanded into
the care of Sheriff Lindsay, LEFT the court
room, and was conducted to the Jail, in
another portion of the building.
The large audience which filled the
court room was not greatly interested in
the subsequent proceedings, incident 10 the
charging of the grand jury, and most of
them wandered out of doors, where they
discussed the decision of the Court with a
good deal of warmth. Sentiment was
divided, but by far the largest portion of
those expressing themselves, thought the
granting of ths motion was not in the in
terests Of justice. In fact, some of the
criticisms were very severe, and indicated
q deep conviction on the part of those
making them that Baker was guilty, and
should have been sentenced 10 hang rather
than be given another chance for his life.
CHANGE OF VENUE.
II was the intention of counsel for the
defense to have supplemented the decision
of Judge Boyd with a motion before Judge
Jacob for a change of venus. Judge Jacob
was expected TO arrive at New Cumberland
yesterday afternoon, but be was unable to
leave the city until this morning. The
motion will probably be made to-day and
will be set for argument Saturday.
Colonel krnett and his co-counsel we're
warmly congratulated last evening on
their success by a number OF friends.