Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1891-05-10

THE SPECTATORS.
The Court, in reply, said that after The
reading of the notes, any further adher
ence TO the idea first advanced was thrilling
with the Court.
Col Arnett went on TO say ii say il was
the utmost Importance TO the defense tina
the record be straight, and as it did not ap
pear to the defense that the record by thu
stenographer and by the Clerk were IL
harmony, they had called attention to 1t
With the utmost Difference, he insisted
uDon his first opinion.
Col Arnett-The defense objects to thu
record as now made up and moves to cor
rect it because the juror, Bell, did no
plead his privilege of being over sixty
years of age. and ask to be excused. Nov
the Court has our posision and can do as L
sees fit. Capt Dovener then made some
what lengthy review of the whole situation
regarding Juror Bell reading from tran
scriptiOn of the record, and insisted there
could be no question as TO the fact. H'
was followed by Col. Arnett, who, aftel
pointing out that a motion 10 correct the
record had been made and was before the
Court for decision either way, resented
THE DPUTATIoN BY THE COURT
that he had been trihing or engaging il
child's play He had not done that.
The Court said he did not apply the re
mark broadly and personally TO the Col
onel, but he had felt that after the recorc
had been read. further insisting, in the
manner it was done, was child's play. He
wonld reterate that, and the Colonel
could take it so far as he felt it applied tC
him. The Court insisted that there could
! he no dOubt of the situation.
After long discussion Mr.. Howard said
such scenes as had occurred, he felt sure,
| largely resulted from the fact that when
one counsel asked for the attention OF the
Court, three other attorneys jumped in,
and unless the original counsel clamored
for a hearing he was shut out. a more or
derly proceeding would perhaps be condu-
Give to a better understanding and more
rapid progress. He then said he had little
TO say on the motion, but was OF the opln-
ION the record was clear and there could
be no question of the facts.
Mr.. Sommerville resented the idea that
that counsel for the defence were RESPONSE
BILE for the wrangling which had been al
luded 10 by Mr.. Howard, and then said he
objected to Mr.. Bell being re examined.
The record could not be connected by any
thing Juror Bell might now say. He did
not think Mr. Bell ought to be brought in
by the State for this purpose.
The Court explained that he had sent for
Mr. Bell himself, for if he had utterly fail
ed to comprehend Mr.. Bell he wanted to
know it, The Court went on, after some
further discussion, TO say when 1t was
necessary 10 assume responsibility, the
Court would do it, and if he found the
record was at variance with the facts, IL
would be changed.
MIR SOmmerville then made a long and
forcible argument, Directing 10 the placing
of Mr. Bell on the stand, and said the
record should be made up from what oc-
CURED at the time, and not according 10
further investig cations at another time.
MR.. BELL QUESTIONED.
Mr. Bell appearing in the Court room,
was called up by the Court, who said ne
wanted to know if he had utterly failed 10
comprehend the witness.
The defense objected. and Mr.. Bell was
sworn aud was questioned by the Court.
In reply, Mr. Bell said he necessarily i'm
piled to plead his privilege when he asked
10 be discharged Il meant TO plead any
thing necessary to get off this jury"
You intended 10 plead your age
1T necessarily implied that; that is what
meant"
The Court-Mr Bell, when you said you
desired 10 be excused, did you then plead
your privilege on age: Al don't recol-
ect that l said TO you | must be excused
The COurt-When you asked to be eX-
cused from jury service, did YOU ask it Oh
your ace! Al didn't care anything
about my age after had been leciured
didn't feel like serving, and couldn't serve
after that.
Capt. Dovener asked Mr.. Bell if any one
had talked TO him about the matter, and
in reply he said he couldn't recollect if
they had or had not.
Q-Can you say they have not! Al
can't say. Pm not on the jury now and l
won't answer these questions.
To the Court, Mr.. Bell said the under
standing must have been that he asked TO
get off the Jury on the ground OF his age,
and with that the Court said he would de-
eide the matter in the course of the day.
NEW JURORS OBTAINED.
The Sheriff then called NJ. j. Smith, 81
mon Bopp, Charles Foster, Albert Snede-
ker. Herbert Freeze. VIM. Moore, Henry
Helfenbine. VIM. Powell. w. B. McCor-
mick, Daniel Frazier. L. c. McWilliams,
:. s Orr. Jas. Hoff. w. ). Orr. Jas Nc
Cutcheon, Elmer T. Thornburg, Arthur
Terril, Geo. Junkins, VIM. Hines, Frank
Ridgeley, Andrew Ham.
NJ. J. Smith had no prejudice. ~ can
not say that have formed an opinion or
not, but not strict. could decide the case
from the evidence as far as | could under
stand. | wouldn't be influenced by any
opinions might have, but would make up
nv verdict according TO the evidence
To Arnett-I never saw DR.. Garrison
that know of. l have met DR. Baird on
the street would not say hear the very
best. When l said mot strict, meant
had not formed an opinion; | thought thai
was what the Judge SAID. l have no opin-
ion, but l might have expressed some
words about the case.
Counsel fell into wrangle over one OF
Col. Arnett's nine-iointed questions, and a
good deal of time was lost in talking il
ever to no apparent purpose To the Court
the witness said he understood ordinary
English, and was accepted.
Simon Bopp was preiudiced, and was ex-
cused.
Charles Fisher had no prejudice. -
know nothing about it. l have neither