Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-07

of a bad cold, and had attempted to be
excused on that account.
After some discussion, the Court told
the Juror he could stand aside, where
upon Capt. Dovener asked that the wit
ness be examined by a physician, and
said the juror was fair.
The Court-This trial might turn on
the fact that juror failed to hear one
single question.
Capt. Dovener-And | would rather
have it turn on that than upon an I'M
fair juror.
The Court-We don't want it to turn
on either. Well summon all the jurors
in Ohio county; il necessary, I'll have
the Sheriff bring in Ae bystanders.
Finally, Capt. ,Dovener insisting, the
Juror was brought back and took his
seat again, and was asked:
"If you were seated in the jury box,
within six feet Of witness, could you
hear?" Al might catch on to some
Of it, and might not.
In view Of the extraordinary difficulty
in getting jury, Capt. Dovener asked
that he be requested to return to-day,
In the hope that he might improve.
The Court, in reply to this, dwelt
upon the Importance OF having a good
jury, and dismissed the witness.
C. ID. Thompson had an opinion. "If
the reports / have heard and read in
the newspa pers should be borne out by
the evidence, my mind would be made
up"
Q.-Do you think you could consider
and weigh the evidence, without bias
or influence from your opinion? A
That is question l can't satisfactorily
answer.
Q.-You want to decide 1t according
to your oath? A.-Yes; but 1t is a
question as to whether l would not be
innuenced possibly l might not, but /
am afraid my opinion would prevent me
from weighing the evidence as | should.
Off the evidence was different
would you make up your verdict unin-
fuenced by your opinion? Al have
some doubts about it. ! have formed
and expressed an opinion very freely.
Q.-But would you allow your opinion
to control you? A.-That's the ques-
ton. am unable to answer.
The Court-Stand aside.
Fred Schmeichel had no prejudice, but
had an opinion. Il don't believe |
could return verdict uninfuenced.
believe it would be my duty, but have
read a good deal about it, and have
made up my mind" Excused.
Charles Horstman- Il have a good
deal Of prejudice, and have expressed
an opinion more than once. | hardly
believe could give a fair verdict.
Mr. Howard Notwithstanding that
opinion, don't you think you could give
the defendant a fair and impartial trial
under your oath? Objected to. bst
argued half an hour later, the Van
Baker case being cited by the State as
justification for the question. The Court
did not decide that the question was
proper, but held that 1t was not conclu-
siye, and it will be decided later on, II
asked.
Capt. Dovener-If you were sworn as
Juror, would you regard it as your
duty to discard your opinion? Ayes,
but | don't know whether / could or
not.
Excused
b. Shanley-"I have no prejudice or
bias, but have expressed an opinion
most decidedly. / could not bring in an
uninfluenced verdict, unless the evil
dence was directly opposed to what
have read and heard"
Gould you and would you hear the
evidence and render an unintluenced YER
dict? Al am afraid my opinion
would influence me.
Excused.
William Rohrig had an opinion and
would not change his mind on evidence.
Excused.
Walter Buckley had expressed an
opinion several times, and could not
give an uninfuenced verdict. George
Vermllon was prejudiced, and so was
Elmer Chapman. John A. White stood
in the same predicament, and William
Bailey. No. 2Ol, felt the same way. All
were excused.
THE TWELFTH JUROR
Levi Smith had no prejudice or opin-
ion, and did not know either the de-
ceased or the defendant, aud was &C
cepted.
Juror Filan was sick, and was ex-
cused until this morning, and as one
other Juror had been excused Tuesday
evening until to-day, all were allowed
to go until 900 this morning.
The Sheriff then called Frank Heller,
Wendell Schaefer, Philip Fletcher, John
M. Whitman. Andrew Stauver, c. w.
Appenzelar, Albert Beltz, James Gains,
Geo. w. Woods, VIM. Hutchinson, Jas.
Maloney, w. l.. Linton, 5. r. Evans,
John DOYLE, Frank Foreman, j. u.
Raab, J. b. Lyle, r. c. Adams, j. 5.
Halstead, Lester Smith.
ANOTHER JUROR.
Frank Heller had an opinion as to the
case. but he thought he could set it aside
G5. 3flrnnrl s