The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-06
TnR APTERNOON SESSION.
Incidents that Marked The Second Half of
the Days Work.


tho Days Work.
At 2:20 the attorneys declared them
selves ready and prepared to resume tn,
work of gettinga jury. DR.. Garrison
wRs accompanied in the prisoners boz
by his father and his brother, John.
The sheriff at once began the call o.
the list OF talesmen for the,ninth panel
and soon had the twenty seats filed and
as many new faces confronted the court
The clerk swore the panel and before
the examination began, Judge Campbell
cited authorities TO show that in the
question raised at the morning session
as to It being within the province OF the
court to ask juror II he is scrupuloul
as to the deaf penalty, 1t is not only the
courts privilege, but under some cir
cumstances 1t Is mandatory.
William McCausland was so preiu
diced that he could not decide the case
fairly. r. @. TeRsdale was also preju,
diced and had expressed his opinion.
r. y. Kincheloe had expressed his opin.
ion aud thought it would dominate any
verdict he might assist in bringing
George LutE was unavailable on account
Of bis prejudice. Robert Simpson had
formed and expressed an opinion and
thought his opinion was so firmly fixed
that he could not be shaken in It.
Capt. DoVener tried to shake his decis.
ion, but could not.
George Wickham had no bias or
prejudice, but had formed an opinion
that he did not think anything could
change. George Fink had formed an
opinion and could not be induced to
change it. William Rustmyer would
not be a good juror for the same reason.
J. r. MCCortney was prejudiCed. Will.
lam Finnegan was excused. John
Wilkie was examined at some length By
the State and the Judge, but he main
tained that his opinion, though hypo.
thetical, could not be changed. John
Rodman was excused because bis mind
could not be changed under any circum-
stances. A. F. Stumpp said he would
not decide the case according to the evi.
dence. Captain Dovener had Stumpp
called back and inquired particularly as
to why he would notify the case accord.
ing TO the evidence. Mr.. Stumpp was
not able to answer and Captain Dovener
changed the question and asked II he
did not mean that he could not instead
Of would not. Mr.. Stumpp answered
that he did, and was excused.
THE TRNTH PANEL.
]. H. Daily was the first juror called.
He ahowed all the requisites Of good
Juror except that he had formed an
opinion, but he thought he would be
able to Judge in the case according to
the testimony and the law. After con-
siderable time had been wasted upon him
be suggested that he was not eligible to
pit upon the jury, because he is miller
at NJ. 81. Pollock's mill. He was ex.
cused.
J. R. CLARK and Fred schenk were ex.
,used forthwith on account Of their pre-.
udices. Frank Gruber followed in
short order. John Buchanan felt biased
and had opinions that would prejudice
his verdict. James Russell, OF Elm
Grove, was accepted alter considerable
questioning. Edward Knowles was dis
missed and Charles Pope was similarly
disposed OF. A. St9'Esr did not think
be could give fair and impartial judg-
nent and was asked to step aside and
mako way for some one who could. ,.
NJ. ThornburR's cousin is married to DR..
Baird's widows sister. He had formed
and expressed an opinion and the evi.
ience would have 10 be very materially
1ifferentfrom what he knows Of the case
now, to change his opinion. He was ex-
cused. r. L. Prall did not believe he
could bring in o verdict unadulterated
with his opinion. A. J. Foster felt sem
sibfe OF q leaning or prejudice.
The court: "You lean then, do you 2"
Juror: "Yes, right smart"
The court: "You need not say what
The prejudice is."
Juror: Yes, I've had against DR..
Garrison ior some time"
Edward L. Rose had an opinion that
'the evidence would have TO eradicate"
He felt that his opinions are 30 strong
that he would not be able 10 go into the
Jury box unprejudiced. ..I
TIE ELEVENTH PANEL.
Mr.. Rose was excused and the
installment OF twenty was call
ID. George X. McMechen Is a cousin
Of DR.. Baird and was dismissed. W. A.
was prejudiced and had ex.
pressed an opinion. David Waddle was
dismissed and could not discard his
opinion. He stated that he did not de-
sire 10 escape Jury duty, but he did not
believe be could be fair.
AS. Maxwell stated that he was op.
posed to capital punishment and would
not, under any circumstances, decide
any eass that way. Henry Baer was
biased and prejudiced and had an opin-
ion. George ACker was excused on ac-
count OF his opinions. Z. s. Irwin vas
and had expressed an opin-
ion. William O. Young's opinions
would not allow him 10 give an unpreju.
diced verdict and he was opposed to
capital punishment. W. p. Bayha had
an opinion that precluded the possibility
Of his giving the defendant thoroughly
fair trial. William Wylie was excused
for the same reason. August Bells did
not think he could lay his opiuiona aside.
PANEL no. TwELyR.
Tho twelfth panel brought the first
colored man who had been called.
There was considerable speculation IS to
what kind Of answers he would make to
questions and whether he would be an
accepted juror. The opinion was gen.
eral before examination that he would
answer questions we'll and that the
chauc were good for his being accepted.
L. V. Blond had formed we'll defined
opinions and was excused. Jacob
Houeks was prejudiced. Theodore
Wolff could not be positive that he
could give an impartial verdict and was
excused. He was the most unsatisfactory
man examined up TO date. N. W. Beck
was firm in his opinion about the case
and was dismissed. Nelson StarEe, the
eolored man, was examined. He had NO
HpsrticulsrP bias or prejudice. He had
not expressed any particular" opinion,
except possibly among some tTiends.h
He 1t that It would be his duty to put
aside all opinions II he were In the Jury
box and he believed he could do it.
To Nanlnin n0uanap ba poId ba