Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1891-05-10

-.Ll 49, ed as jurors in
fH Do ''' the murder case
uu it is, were very thick
ilt' '"' in the Court
.na & n, room yesterday
morning when
-,~. were first opened. sheriff Steen-
and bis deputies made q series
Trip, through that portion OF the
living south of the National
- Friday afternoon. and as re-
.-arcd about seventy new tales
obei eucc to the order of Judge
el. made when Court adjourned az
.r chat day Nearly all of those sum
ct were present, and they were deeply
..rcsted spectators of the scene while IN
.-,rfarce The audience was twice as
..r.. .. 80 fhe opening Friday. and the
s..rf vas made more promptly, Clerk
NIrche. beginning Che reading ol lue
rrore unlocked When the read
rr had neen concluded. Mr. sum
rrrt.U. nf couu.e. for the defendant
asEet that the minutes oc not signed Tor
FL. nr.-.rf. a, he des.r red to discuss mat
tar therein contained with his associlte
corrse. wlc bad uot yct arrived Ile re-
.ue-r was acotted o. Col Arue, arrived
.ra I.n rl-e,. lrt De- and Dir. ooln-er-
vile ...-..rt.i iu l consultation ol some dl.
ration while awaiting the appearance or
Prosecuting Attorney Howard and Capt
nnEeuer
Irr.e.ntertaL SIR Sommerv.le, as coun-
fr 49, lam AU,h0usc, indicted ai
former term for aDduc- ou. and convicted
arl who rls been iu Jail more than TWO
r.rrh- n default ot 1ue moved the
.. r.l. a, .e discharged. and the Court
a.ceded ro the request and an order was
ordered entered
rHr RECORD or TED To.
The defense then ,u- ~red. with refer
erce to OH. record of F ay, that as the
record had been read. So lg that the juror
Bell had been eXcus. on plea OF age,
.t contained one error tue fact was that
-he juror had been exec e1 because OF bad
treatment
The Court-Oh, no. O.
Col Aruett-W Well, if understood any
thing. he said his motive -..t been question
el, aud that IL was uup.r sdnt TO oe Keel
hauled iu the preso--- OF q crowded
court room
The Court stated that liv Bell had been
excused on age. and that atone
Col Aruett insisted th1' in no place, so
far as the record shows. ..iJ Mr. Bell plead
his age. The record. he presumed, was the
statement maie oy Mr.. Eeil TO the Court.
and then be sa.j he had neen keel-hauled,
&c
Cant Dovener said tLe record was not 70
,e encumberod with every mans opinion.
The record showed Mr. Bell pleaded age
regularly. bat the defense objected that this
was not s0.-
me Court said he did not suppose for a
moment that counsel for the defense desired
tOp.ace the Court in
COMPROMISING POSITION.
If ANYTHING was well understood on the
previous dav. it was that Mr. Bell pleaded
The Cour, knew how the matter
game up. o.. course ,..
r.a defense suu insisted Mr. Bell did
.-u.cad age. and that the steuograpaer's
..-., w0l.d not show .t.
Court said that if the stenographer
hear ir. he did, an0 there could oe
1t about Do. Judge Campbell went
.....l. tine situation, and said 10 was
tarstood and entirely clear 20 aL
r... Mr. SommerVille said the Court
the impression So TAR as Do was
-re mind of counsel lor the defense.
l0d taken particular note OF the
rar rro time.
Doyeuer- do you suppose this
simply string here us moot
l0.-. and is not To- decide questions Ike
SIT -ile-Not for q moment
l Doreuer-I though, not.
then feil into % wranC.e Us to
r not the srcDogwpher Wls1-
.t to catch Mr. Bells plea, and
...o.. CoL Arnetr said he had no de-
referring t0 a remark ol the Court,
ua.. some time 0efOre--har he had no de
u.t the Court in any compromis
u-. and then went on 20 say Nr. Deli
't make amy plea except that
ur HAD REEN REELHAULED.
Tile Colrt-D0 YOU mean 20 say, Col.
arl0-. chat Mr. Bel did not intimate cf
State auv other ground of defense than taat
-at been keelbauledt
D.. Awctt-I mean 90 state Wnat my
lection . and what the record SAYS.
and a- .t has been rc-read 90 us Now. u
ir rle record should Oe that way Tue
s'c -rapaic report saws he is a competent
..r and YOUR Honor said SO, and we only
AS, a- fbe record of the Clerk accord
Aa 'le history of the case. This does
mpr diScourtesy 20 the Court or any
Your Honor said the witness
"e> competent juror
Ar Howard then asked that the notes oe
'-i 1y the StenOgrapher. All would
4-iee ,la- Mr. Bell said he wanted 70
Base 4 statement 70 the Court, and that he
-- So saying that he wanted TO be dis
charged
The s-enographer then read
THE RECORD,
'- Wl,cl Mr. Bell said.
NF, t Che Court please, ] desire 70 De- us
Col A-urt,-I object.
e, .lr,-The juror can plead aiS privilege
A; t.--I Go So
i1e defense still objected, and the Court
,-alted 20 know if Mr.. SOmmervile IN
-i % Intimate that he had made the
--e-.ou 90 Juror Bell without him
As ,-e request. aud intimated and
defense was engaging In child 3
tense resented this. and Mr.. SOM
sepl up the discussion az consiU-
l-rl, until again interrupted 0y
.. who warmly asked II he pre-
say 90 was not well understood
uas pleading age. and asked Ar.
understanding OF IT, Mr..
insisted that the ple. had not
\ Cs toe.tler age or privilege,
oeal remarked at the time. and
-HtnucI oa Fourth PGgeI