Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-05-22

reply 60 4 question By the Court as 10 why /
ne WA no. ready, he said because OF the
absence of n witness. He was asked who /
tbs witness was, to which he replied MIR.
Sommerville had named him. he could .
mot give the name, stating he had forgot
ton il bu- said he was at Mon" City .
when "the thing was done Captain .
Dovener asked the witnessit he cot letter .
from MonorgGhels City. He said be dldr .
but he objected TO answering question AS
TO who it was from, and likewise as to
what the name of the witness was. The
Court also repeated the question as TO the
uame of the witness, but all he could say
was ask Mr. SommervIlle.'
Q-By Doyener-Don't you live IN
MonOngehala City?
Al used to.
Whats your name:
A-Thomas Kelley.
O.-Isn't il Robert
Mr. Sommeryille-I think that is I'M
necessary.
The COurt-Oh, yes.
In reply to further questions, the wit
ness stated he had received several letters
from the party in Monongshela City,
through Mr.. koontz. his Mt. Vernon, o,
attorney, "a couple OF months ago"
Q.-By Doyener-When did you get
these letters?
A.-Two or three months ago.
Q-How could you write and get letters
about this case that long ago.
Al said a couple OF months ago.
Q.-YOu couldn't have known about
this case them
A.-Yes, did; people told me l would
be brought here.
Q.-Iou didn't know it till the day be-
fore you were brought away.
A.-Yes, l did; the Sheriff and other
/ folks told me.
ORDERED TO TRIAL.
| Persistent efforts were made to obtain
the name OF the MonOngahela City man
from Kelley, bat he steadiastly refused 10
answer, and the Court said the witness
evidence was very vague and indefinite,
and was insufficient. He ordered the Jury
brought. Before this was done, however,
| Mr.. SOmmeryille SAID he would Ike to
| have au opportunity of sending for the abb
sent witness and asked to enable them to
/ get him, that the Christie case be taken
/ up first. The Court said he had no dis
| erosion, and then the request for a sew
rance was withdrawn, and the two cases
put on trial together. A plea OF not guilty
was entered on April 18th.
The appearance of Kelley on the stand
was most embarrassing, aud the large au'
dience listened TO the searching examina-
ton he was subject to with great interest.
His testimony was complete fzlle.
GETTING a JURY.
The panel of thirty Jurors was then
called as follows: Geo. W. Miller, 5. q.
Naylor, Henry Hoop, Geo. Higgs, Ed.
Moore, VIM. Wincher, Phillip Yallinger,
Howard Hazlett, Hugh CrOckard, Henry
HornbrOOk, Charles Albright, Samuel
Hedges, VIM. Walter, D. W Berry, james
Carney, VIM. Deylin, VIM. Ramp, f. l..
! Nichol, James Mcdonald, James Waiter,
Conrad E0hert, Charles Copp, J. NJ. ClOus-
ton, Fred. Miller, p. Il Noble, VIM. II.
Cox, James Filan and Clarence Seabrght
When all had answered to their names,
the Court asked the usual questions as to
whether they were related 10 any Of the
parties, had any interest to the trial, had
formed or expressed any opinion, or had
any scruples about finding the death pen
alty. OF the first five called all bat Mr..
WinchGr were excused on one ground or
another OF the next FIVE four gave salts
factory answers. OF the third i've, all
answered the questions satisfactorily. OF
the fourth five, Messrs. Cline and Ball had
expressed an opinion, and stood aside
This exhausted the regularly drawn tales
men, except three, and five others were
drawn and sworn. Three of these were
dismissed, and Carl Hamilton, Thos
Owens and Thos Stanley were ques.
toned. Messrs Hamilton and Saan-
lev were excused, and Mr., Ow-
ems took his seat. Joseph Hall ard
William Terry were called TO fill the
panel, but both had formed opinions and
were excused, a. were also the next two
brought. Finally, the panel was com
pleted with Messrs Chas Weitzel and
Thos. Meyers.
The twenty men thus selected were
Messrs. VIM. WincheT, II. MolteT, NJ. Dew
lin. Thos. Fox, Chas Lukens, Chas. II.
Comp, J. NJ. ClOustOn, Fred. Miller, p 4
Noble, Jas Fllan, Geo. HiRgs, John Moi
fat. Robert Shaw, James REID, Chris. He'll,
Jas. Farrell, Geo. Baker, Henry Myers,
Thos. Owens, and Chas. Weitzel.
THE JURY.
The Jury selected from the above were
the following: NJ. Molter Thos. Fox,
Charles Lukens, Charles Copp, ?. h.
Noble, +. Miller, Jas FIlan, Geo. Higgs,
Charles He'll, Charles Weitzel, Robert Shaw
and John Mofratt The jury was then
sworn ard instructed, aud Court adjourned
until , o'clock