The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-06


William Ebbsrt had formed fixed
opinion at the time OF the killing, and
did not believe that be could hear the
tevtdence and form verdict without its
being influenced by that opinion. 10.
seph Shaaer was not prejudiced but had
formed an opinion, and did not think he
could lay aside all feeling in the matter.
Jacob w. GTubb was excused because
he was subpGoaed for the defense. John
W. Kennen had formed a prejEdice in
the case, and was excused.
N. A. MCConn had formed and ex.
pressed no opinions and Thought he
could try the case by the evidence with.
out bias or prejudice. He was accepted
forthwith without objection or question
by the attorneys. After his acceptance
the court asked II the Juror had any
scTuples against tho death penalty. He
replied that he had not. The State took
exception to the court =akkiDg the
question, because the State has the right
70 ask that question and may waive It.
II the court asks the question that pre-
Gludes the possibility oi the State waiV.
ing It. There was considerable talk be.
tween the court and tho States attor.
neys about the matter. Great lots CT law
was read and the pages were kept busy
running to the .IaW library to bring
authorities. Il was finally decided that
the court could do as 1t pleased about
the matter.
Daniel Clemmens had no bias or pref.
dice, but bad expressed an opinion and
did not think he could change 1t. "That
opinion is thoroughly fixed and would
influence me In making up my verdict. {"
Charles BachmRn had formed bias
and prejudice and was excused. John
SSartz was excused on the same
grounds, aud was followed forthwith by
Peter Muhn. Deidrich Roemer had a
certificate from DR.. Stiiel that TO sit
upon a jury would endanRer his health
and he was excused. D. Epple was
sixty-one years old aud was excused on
that ground. John Emmert had formed
an opinion that would influence his
verdict and was excused. George W.
Guy was prejudiced, but had not formed
or expressed an opinion.
Dovener-"How long ago did you
form that prejudice?" -
Juror-"Several years ago."
Dovener-"Thats long enough; you
are barred by the statute Of limitations"
He was excused.
THE SEVENTH PANEL.
The sixth panel had panned out SO
well that hope rose in the breasts OF the
court and attorneys, and the examina.
ton OF the seventh panel began au.
spiciously.
George Harkins, juror No. ITO, was ex.
amined and found wanting because he
had become preiudiced and had ex.
pressed opinions. Theodore Kober was
excused on the same grounds. Gsorge
Rentsch, upon examination, was found
10 be In the same general mental condi-
tion. Joseph Teufel was allowed to de-
part on the same grounds. James Nc.
Cready was biased and had opinions,
and was dismissed. James B Thomas
had many Of the qualifications Of first.
class juror, but could not divorce him
self from bis opinions. William Wen
dell was biased in his views and was dis.
missed. Thomas w. Edwards's opin-
ions were firmly fixed and he did not
believe he could give an impartial YER
dict.
Frank Nolte had bis opinions go we'll
intrenched that he would not change
them on account OF evidence he might
hear. George burst was biesed and pre-
iudiced and was excused. Fred Bade
could not serve for the same reason.
Harry Lyle was excused for the game
reason. John r. Davenport was biased
and preiudiced. That did not satisfy
Mr.. Howard, and he asked Mr.. Daven-
ports age. 7. a. Hall closed the panel
and not an accepted juror was found in
II. Mr.. Hall was biased and preiudiCed
and was excused. One advantage was
the uuickness with which the examiua.
ton Of the members Of the panel was
conducted.
PANEL NUMBER EIdHT.
Victor Rosenberg, juror No. 1874, had
prejudice and was excused. Leroy AL.
exander stated that he and DR.. Garrison
we're bound by ties as close as blood
relationship, both being Masons. He
had formed and expressed an opinion as
70 the prisoners guilt. he could, how.
ever, 90 into the jury box and bring an
unbiased verdict.
Oartain Dovener asked what be meant
by saying he was Mason and had
formed an opinion, and was bound to
the prisoneT by ties Gs strong as OF rela.
tionship, and still he could lind an un-
biased verdict, The Juror stated that he
would bring In his verdict accordiugto
the evidence.
"Why did you mention being a Mas
on ?" ssked Dovner.
"BecAuse an one and heard you
wanted none on the Jury"
Dovner: "Who told you that9"
Juror, u do not remember" 1t came
up in conversation.
Dovner: "Whers do you live7"
Juror: cat West Liberty"
Dovner: "Do you belong to the same
Juror; "No, sir, DR.. Garrison snd
DR.. Baird belong ip Wheeling and l be-
long to Liberty"
There was considerable more exam-
ination as to what the ties Of masonry
dCmsnded OF the juror tn which he
stated that be was not required TO favor
a Mason in any pplRwful or wrongful
way.
The court asked II he would In any
Way Db luuutuCEu III bIihklhE NeAAASh
by tbe Iact that he and the defendant
were Masons. Hereplied that he would
not and was accepted.
Henry Russ, Jf., was biased and pro-
iudlned sud was dismissed. John hae
lot of on ths same grounds. Charles
Frank, Henry Clay, snd ]. r, Butts fol-
loved aud were dismissed because they
were preIudjced. Charles Baker had
strong opinions and was excused.
Theodore Snyder had expressed his
gympathies In ihe matter aud had read
| the papers and formed an opinion, and
vas not sure whether he could lay bis
isellpRs aside entirely or not. He final
liz decided that he thought his feelings
and opinioa would influence his verdict.
He was very undecided aud seemed ex.
tremely conscientious about going upon
the jufY when he did not feel sure he
could be Just, He acted entirely difer'
ent by from man Eho desired to be
eEcuEed.
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