Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-09

tOlRllttCu rom tOOfth EO9t.
force of all Objectionable men by goad
ing them up to pleading privilege. No
doubt the State felt that il the juror
was not bias al first he was now, for
he would, perhaps, not naturally feel
wei inclined towards people who had
made such an onslaught upon him. The
State probably felt that, having inSulted
the Juror, he would not be inclined to-
w8rls them. The Colonel did not be-
lcve IL right 20 reject one fair and i'm
part.a. Juror and put another equally
fair ir his place, for the reason that 1t
waS provided the first twenty found TO
stand fair must constitute the panel!
The State here interrupted 70 say
there was no such prOviSion-neither
law o. decision, TO which the Colonel
responded that while il was not so ex-
pre>sly stated 10 was the law neverthe-
less. II IL was not 50, there could be
forty OF eighty, or one hundred and
twenty or any other number. The only
tLiuc 20 do, when twenty fair Jurors
had been secured, was Co 90 on and
strike. II not, there could be no GER
tain end 20 the proceeding OF obtaining
juror
The State announced it did not desire
20 argue the matter unless the Court
had some doubt on the subject
MIR. BELL EXCUSED.
Tre Court then said the juror was en-
titled al any time TO plead his privilege,
because he was not man who could be
lec1ly drawn. A man is not juror
until the sovereignty # the State elects
thar be shall become one, just as this
Court elects that they can 90 into the
box after they have been found TO stand
fair. 4 Juror may plead his privilege at
any time, even after he is sworn. A
man over sixty years of age is beyond
compulSiOn, aud stands here simply on
his own sovereignty.
Proceeding, the Court said itrcgarded
Juror Bell IS particularly intelligent
Juror. and even if be had shown some
opinion, or slight bias, he would
not necessarily be bad juror. Mr..
Bells position was Il peculiar one,
ana % some extent, the Court
could sympathize with him. IL fire.
quently happened, in cases OF this sort,
that counsel on one side wanted a man
and under the situation yesterday, the
controversy amounted TO genuine bitter
ness. He had no doubt Mr.. Bell wosld
have made a good juror, but he would
allow rs request, and he was excused.
Counsel for the defense objected, and
being oyerruled, took an exception.
ANOTHER JUROR EXCUSED.
Juror r. J. Billiard was questioned as
% whether he had been talked to about
the case, and as he did not hear the in
terrogatiOn, it came out that he was
very difficult of hearing. He said he
was 3 wears of age, and often had 20
ask @ have questions repeated several
times. The Court said he did not think
the Juror would be proper, and as the
Juror himself said he did not think he
could hear the evidence, he was eX-
CuSeG.
HE ONCE HAD \ GRUDGE.
Juror Filan was then questioned, aud
said nc one had talked TO him about the
case.
Coz. Arnett-On day before yesterday,
didn't some one speak to you about the
cast. A.-NO.
thought you ought TO let Dr. Garrison
20. ard you said you thought not?
A.-NO. sir; not that | know Of.
O.-DOn't you know one armed man
named Tette Mlller2 A.-Oh, yes; l
met him, and he said if he was on the
Jury he'd let him 90, and said didn't
want 20 talk 10 him-that | was not
or the jury.
Didn't you threaten TO get even
with DR.. Carlson A.-0nly in regard
10 politics.
Q.-I don't mean in regard to politics.
Didnt you have grudge against him
In regard 20 a burial permit Ayes.
Q.-And you threatened to get even
With him? A.-YeS, in regard to poll
ties told him so.
A.-Didn't you tell Al. Smith you
would get even with him? Ayes;
that ! would get even with him in poll
tics
Q.-Didn'. you tell a great many 9TH
ers? A-No-I can't say may have
told others had told him l would get
even with him.
Q-You had hard feelings against DR..
Garrison? A.-YeS.
Q-Aud you have such feeling yet?
A.-No. sir.
Q-When did you get rid OF 1t? A
saw bee was i'm trouble, and | couldn't
hold o grudge against him.
Q-Dldu't you say you could not give
81 fair trial? A-No. said had an
opinion. bat had not expressed H. and
could give him fair trial.
To Capt DJvener-I have no anlmOS-
jty towards tue defendant, aud can give
him fair trial.
The Court said he had no doubt the
Juror intended fully to give the defend
ant fair trial, but how far he would be
able 20 do that under the peculiar work
ipgs of the human mind, he was unable
90 say He would give the prisoner the
benefit of the doubt and excuse the
'uror
EXCUSED on AGE.
T. l.. Chambers said he had not talked
ahou. the case, except to his family, but
he claimed exemption on age. lie was
excused, the defense excepting.
y. a. McConn qualified fully, as ola
LEROY Alexander and James Russell.
Nelson Stark said few people had
asked him questions about the Court,
hut he had told them he was not allowed
L'rnpl- Hallnr