The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-07
pAxEL NO. THIRTEEN.

Thirteen is an unlucky number, anC
t,e court started of with panel No. l;
v,sterday morning. just what woulc
happen before the day was done was {
matter Of conjecture among the attor
u,ys and court attaches, but they all
agreed that things looked ominous ia
say the least. There was no hope that g
iury would be gotten, however.
The panel was sworn and the exami.
lion OF Joseph DiebOld, No. 1877, was be
cuD. He felt "biaped to certain ex.
tent," and did not believe he could try
the case according to the evidence with
ont his personal prejudice affecting him.
John ssuers had formed a well defined
and eyer.present opinion, and did not
think hs could accept the evidence with.
ont it being influenced by that opinion.
Alex Rogers was excused for the same
reason. John S. Welty was biased and
preiudiced, and eaid so. Philip Emrick
had no bias nor prejudice, had formed
nor expressed no opinion, and thought
he conGd give the prisoner fair and i'm.
partial trial, He stated that be could
hear we'll at times, while at others he
was almost entirely deaf. Both sides
submitted that the juror stood iair. on'
tha question OF his ability tH
hear tho evidence was raised. He re.
asserted that he could hear well al
times, but not at others. The court and
LAWYERS then conducted an examination
of hiE capacity which would do credit to
an ear doctor. He was finally found to
be wanting and was asked to step aside
The State was opposed to letting him 60
and asked that he be examined by o
phyeiCian. Captain Dovener thought
thr Juror could hear all q witness would
say, The court stated that the case
might turn entirely upon the juror fail
ing to hear single sentence. Captain
Doyeusr preferred to have the case turn
upon deaf Juror than upon an unfair
Juror. Finally, after considerable tnr'
ther talk the Juror was replaced in the
hox and Cautain Dovener made an ex
pert Auricular examination, he being
iirmly OF the opinion. that the Juror had
wax in his ears. Dovener was satisfied
he would make q good Juror, but the
court was afraid he would not be aDie 10
hear and he was excused.
@, D, Thompson was afraid his pre-
conceived ideas wopld have weight With
him in the Jury box. He was excused,
Frederick Schmeichel had formed and
expressed an opinion and did not feel
able 10 give an unbiased consideration to
the case. Charles HOTstmann had con,
siderable prejudice" aud had expressed
bis opinions and "hardly believed" he
could 20 into the jury boz and give
fair and impartial trial. Mr.. Howard
asked, Gould you give fair and I'm
partial trial after taking the oath" Col
Arno;t objected, and the point OF the
prop,iety Of the question was raised. II
was left undecided, the jnror disgualliy;,
lng himself before tho authority could
be cited. -,
Bernard Shauley had "most decided
ly" formed and expressed an opinion
that it would require "direct and contra
dictory evidence" to remove. He was
excused.
William Rohrg was not eligible.
Waiter Buckley was also excused
George Ye.milliop was biased. Elmer
Chapman was also biased. John a
White was prejudicsd. William Bailey
was soon disposed Of. Levi Smith had
formed nor expressed no opinions and
had no prejudice nor bias; he was ac'
cepted forthwith.