Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-08

fore you were called into the box? A
No.
Q.-Do you know John W. Young?
Al do.
Odd you sit beside him in the
Court House last Monday? A.-YeS.
Odd he say he could not sit on
this Jury, as he believed it to be a cold
blooded murder? A.-Yes.
Q.-And did you say you believed DR..
Garrison did what was right? A.-No:
Or words to that effect? Al
believe | demonstrated with him about
it.
Capt. Dovener-I want to try this
right here.
MIR. YOUNG CALLED.
John w. Young was called, and said
he and Mr.. Bell had general converse
ton. Il expressed myself very strong.
", and said l thought it was case OF
hanging, aud he asked me IL circum-
stances would not change it, and If l
were called certain things, what would
do. He said DR.. Garrison was justified.
II a man would call such names 1t
would justify it, or wouldn't you do
something's"
O.-Your opinion was condemnation
and his was justification? Ayes.
O.-Where did that conversation oc-
curp A.-Over there in the chair.
Q.-Do you know how the conversa-
ton came up? A.-No, sir.
To Arnett-I told him 1 had expressed
myself quite often and very forcloly'
and was not competent TO sit as Juror
was summoned as a juror by mistake
but was here according to direction.
O.-You say Mr.. Bell asked you II
anv names you would be called would
make any difference? A.-Something
to that effect.
O.-You answered no? At didn't
call for mo" | said il / was as young
and strong a man as DR.. Garrison l
would thrash him.
O.-The inference you have is from
his conversation? A-YeS. l don't
remember the exact language. think
Mr.. Bell said he was past age, and didn't
have TO serve unless he wanted to.
Q.-You were speaking about what
YOUR view of DR.. Garrison'S act was, and
he answered that calling the names
would make a difference? Alt was
so strong on my mind that | repeated 1t
an hour after; that l thought Mr.. Bell
wanted to be on the jury. l am under
the impression he used the word justiti-
cation-whether such and such things
wouldn't be a justification.
O.-Mr. Young, you don't mean to
saw Mr.. Bell expressed any opinion in
this case? Ale asked il he wouldn't
Oh = a M
such language.
Didn't he ask if certain things
would be a justification? Ayes.
By Dovener-What was the language
he said? If a man would call you
what? Aft a man was sired by a
negro; if it wouldn't justify me in doing
something desperate.
O.-When you spoke you had refer
ence to the Garrison case? A.-Yes.
Q. And when he replied what did he
refer to? What were you talking about
last Monday? Didn't you say you be-
lieved you couldn't sit on a jury because
it was a cold-blooded murder, and
didn't he say Il don't" objection,
overruled and exceptiOnl? Al
wouldn't be positive. l think he went
into general reasons.
Didn't he say Garrison was justi-
fed? A.-There was something said
about being justified, but | can't just
tell how it was used.
By Arnett-Q.-It was in the form Of
an errogatory-what you would do If
A.-That'S my recollection.
Dovener to Bell-Q.-How near do
you live to DR.. Garrison. About
three squares.
Q.-You take the daily papers?-A.
Yes.
Q.-And never expressed an opinion
to your family? Ave talked it over.
A.-And never said it was right or
wrong? Al know that l ever did.
Q.-What were you discussing with
your family? Aust talking over the
tragedy.
Q.-And that occurred over two
months ago? Ayes.
Q.-And it has been discussed all over
the city and among workmen in your
foundry, hasn't it? Al don't often
meet people in my office.
Q-You had another man here from
your foundry Al eS'
O-Aad you had legal excuse and
he didn't? Al had legal excuse and
so had he.
Q-And yet you qualified before you
knew whether he would be accepted or
not? Ayes.
Q-You have no prejudice or bias?
A-No, sir.
Q-And yet you want on this jury?
A-No, l don't. want off.
O--And then why don't YOU plead
your exemption? objection and Sus-
tained.)
Mr.. Howard want to be heard on
that point. The mere fact that man
can plead his privilege and does not do
il. raises a strong suspicion. II he is
biased in favor of the prisoner it is un-
fair to the State. If he is in favor OF
the State,
IT MIGHT BE MURDER.
speak from the point of reason.
Mr.. Bell can explain that. -
Col. Arnett-Sit down, Mr.. Bell.
Mr.. Howard appeal to reason that
a man who wants to stay on a
Jury aud persists in being on it, must
have some reason, and it is calculated to
raise a suspicion.
The Court said it was not right to
question Juror as to why he did not
plead his legal right. If he did not
plead his privilege, he was not to be
called in question.
To this, Mr.. Howard insisted that