Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-06-06
and Mr.. McCausland were up there on

and Mr.. McCauSland were up tnere OF
the street.
W. H. M'CAUsLAND.
Q.-By Dovener. lon May 5, jus
before o. M, did you see Mr.. Robin
son on Market street, near Hoge's?
Ayes, he was going up street and
we were coming down, I'm not quite
certain; Newt McConn was with him
Odd you see Brice Supler? A
We were together; we were coming to
the Court room; think Mr.. Robinson
was in the jury box when we came in;
l don't know which way he was going
for certain: l just passed them on the
street
A rule was ordered issued for Lester
E. Bates and Jennie, his wife. Deputy
Sheriff Patterson said he had sum-
moned them Thursday, and that Bates
was sick Capt. Dovener said he thought
Bates was hauling coal Thursday.
NEWTON M'CoNN.
To Dovencr-I know d. E. Tolbert.
l saw Mr.. Robinson on May 5th. He
and were coming down Market street,
and Mr.. Tolbert was going up; | stood
about ten or fifteen feet from them; they
talked about ten minutes; | came down
Market street, then, with Mr.. Robinson,
aud we came in the Courtroo and took
our seats; heard part OF the CONVERSE
ton about Mr.. Oldham being dead; did
not hear word said about the case.
To SOmmerville-Is stood there for live
or ten minutes. and stood about ten
feet away; several came along: | think
Leroy Alexander and Mr.. Supler were
about there then; they stood between
Hoge'S store and the liquor store, and |
was there about two-thirdS OF the time
they talked. If | had listened atten-
lively could have heard all that was
said; heard nothing about the trial at
all, except that Mr.. Robinson said
something about sending note to his
family.
j. w. ROBINSON.
To Dovener-I know Mr. Tolbert; on
May 5th took dinner at the upper end
of the market house, with MIR. Brun-
haus; after dinner | started for the
Court House; | was IN hurry; met
Mr.. Tolbert and Mr.. McConn; met
Tolbert, and Leroy Alexander, Brice
Supler and Mr.. McConn met US; McConn
went away and came back, and we went
on down Market; Tolbert was going up
Market street when | met him; he told
me about Mr.. Oldham's death; then |
asked him when he was going out, and
he said, "I'm going out pretty soon,
Do you want to go out?' told him
| didn't think | could get off, and
if l was sure wouldn't get
out I'd send a note by him; |
had heard there was summons for
Tolbert and cousin John Robinson, and
l told him. had got that impression,
and he said he hadn't ''formed or eX
pressed an opinion, and if I'm sum
moned I'll be a sticker;" then he said:
"Up here somewhere is where it oc-
Cured" and l said, eyes, up by Pra-
gers store;" l never pointed up there,
or down Market street; he said he didn't
take paper, as he had weak eyes and
could not read much; he asked me il [
took paper; | said / did, but that /
didn't see how any one could form an
opinion on the paper, for it was mostly
one-sided-I had only seen one thing
from GarriSonis side, and that was his
statement; | never said | had formed
an opinion from that; | never pointed
around, nor did l ever say the -
ought to be hung, or anything like it.
TO Arnett-I was called Oh Monday,
May 4th, and made answer to the ques-
tionS, saying ] had formed no opinion;
| was instructed to say nothing about
the case on May 4th; | talked on the 9Th.
as | have said-I don't know what
you'd call il; | don't remember swear
ing had not talked about it: don't
remember of your asking me If | had
not gone to q man in town and asking
him if had talked about the case; l re-
member the Court asking me II we had
talked about the case, but | did not
answer; don't know why l didn't: |
didn't mean to deceive anyone; | made
no answer TO the Court: | don't
know that | left here under
the impression that, by my silence,
had had no conversation with any one;
Idon't remember that each juror was ask
ed especially, before the jury was struck,
whether we had any conversation; l ala
not understand it that way; remember
Mr.. Russell saying he had walked away
when some one had talked, but ola IL
lots of times; believe, now, did an
swer. on the day the jury was struck,
that | had no conversation; | suppose
the Court would take my silence 10
mean that | had no conversation; l
didn't think then that was decelving
the Court.
Can't. Governor then entered pro-
test against man being bored for
three-ouarters of an hour, to attempt to
have him acknowledge that he was de-
ceiving the Court because some one had
asked him if he had read about the
case, and would say yes, or he had been
asked il it didn't occur about here some
where, and he would say, Eyes. l be-
lieve so, over there's" that would not be
q conversation about the case, and it was
not right to follow the witness up IN
that way.
To the Court, the witness said he re-
memberei the instructions OF the Court
about conversation and Of tAe necessity
of exercising care in talking about the
case.
Col. Arnett again sought to question
the witness, when Capt. Dovener en-
tered a protest.
The Court-Tm going to settle this,
gentleman.
Capt. Dovener-Well, / guess we'll
help you.
RULES FOR CONTEMPT.
The Court here said:
.Gen,lemen. | want to say here that
the absolute fairness Of jurors, in CAPT
y ~ "A 70 II pn