The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-06-06
BOTH in CONTEMPT.
Juror Robinson and the Man he
Talked with Hauled Up
ON RULES BY JUDGE CAMPBELL
The Day Spent Examining the Wit
ncsses Who Claim to Havc Heard
Jurors Robinson and Schmidt Say
Things that were Not Fair Concern
ing DIR. Garrison.

lux LIZ SNAAAVS@s
The developments in the hearing OF
evidence on the motion Of tile defense
in the Garrison case for a new trial were
rather startling yesterday. Two men,
by their own admissions, are summoned
under rules Of the court to appear at
the next session and say why they shall
not be punished for contempt. The
hearing Of evidence will occupy part
Of to-day and the arguments will be
long.
Court was called to order at 10:02a. m
James Russell, OF Elm Grove, was the
first witness called. Before his examin.
alton was begun, Col. Arnett rose and
stated that he had presented some evil
dence in affidavit form, and that he has
some others that can not be presented
til the evidence is all in, because it
shows the time information was re.
ceived. Col. Arnett then asked thatall
witnesses be excluded from the room.
Capt. Dovener objected to the jurors
being excluded, because the hearing
was Tor the purpose Of impeaching the
Jurors integrity.
Col. Arnett said he had no objection
to any Juror whose conduct is in ques-
ton being in court to assist the attor-
neYs inr the State In cross examination.
Col. Arnett made the statement that
the affidayits had been given to the
States attorneys as soon as they were
in his hands.
Mr.. Howard said he had not had any
of the afiidavits till Thursday, when
they were filed with the court.
Col. Arnett started to answer Mr..
Towards statement, when the court
asked that the controversy cease, and
that whatever witnesses there were
present should be put on the stand and
the examination begun.
EXAMINING WITNESSES.
Sheriff steenrod then called along list
Of witnesses, most OF whom came for
ward and were sworn.
James Russell was examined by Cap
oEYou have been taking quito a
prominent part in the defense OF this
Al came into town once, and was
at Squire Gillespies Office once and
heard him talking about how they had
done DR.. Garrison up for health officer,
and his brother, Gillespie's brother, had
said "the - ought to be
hung" / took exceptions to what he
said and said there was another side to
the case, and that Isaiah Warren had
said that DR.. Baird had called him "a
---" every time he met him
for twenty-five years.
Witness said he had come to town
after seed corn, and while passing Judge
Royd's Office he stopped TO talk with u
man and Colonel Arnett called him into
the office and asked him what he knew
about Evans having expressed an opin-
ion. As to how he came TO see Juror
Evans, he said he called at his house to
collect rent, and while there they talked
about the Garrison case. Evans said he
had forihed an opinion before and had
said 50 to the Court before he was put on
the jury, and said that he occupied the
same position that witness did in the
matter OF having an opinion.
Captain Dovener then asked if Evans
had not said that he had an opinion,
but that it was not '!.carnal" opinion,
ana that he could lay it aside and try
the case without reference to it. Wit
ness said he had not used that language,
but had said that he had told the court
about it. In reply to Colonel Arnett he
said he did not know anything about
taking dispositions till Colonel Arnett
had called him, and that he had written
the affidavit himself because Colonel
Arnett had wanted the affidavit in his
own Language and his own handwriting.
Witness was then dismissed and Mrs.
Francis Martin was placed upon the
stand.
Witness lives at Elm Grove; she
made her affidavit Mt home; Colonel
Arnett and Mr.. Sommerville came there
to hear it; Mr.. Evans nearly always
stopped at her house as he passed.
On Saturday, May 8, Evans stopped ut
her house, and while there, she asked
him what they would do with Garrison,
and he said he did not know what they
would do, but that he thought they
ought to hang him, and he didn't see
how they could let such a wretch go
free.
WAS THE JURY MENTIONED?
Captain Dovenor asked n number Of
questions as to the mentioning of the
jury. In the affidavit the word jury is
used, but the witness said she had sim
ply asked what "he thought they would
do with DIR. Garrison" and that she
didn't know anything about the jury.
Captain Doyener asked if she and
Mr.. Evans had had no trouble. She re-
piled that they both belonged to the
same church, and that she never knew
OF anything Evans had against her.
Captain Dovener asked il she had not
been. turned out OF church Mt the in
stance OF Evans. She said she was still
going to the Winebrennarian church,
and Sam Evans was class leader and
appeared to be good member.
Mr.. Howard then asked: "Who is
your husbRnd"
A.-Frank Martin.
Q.-Is he white MANI
A.-He's as white as any one here.
OILS he white?
Ayes, he's white.
IICol. Arnett-I object; this has moth.
ing to do with this case.
Howard-I think it has a good deal
to do with it. II we cdn show that this
woman has been marrying niggers,
think it may have q good deal to do
with her credibility as q witness. 1
propose to show that the name signed
here is not her name.
There was considerable cross question.
ing about the date OF the deposition and
the dates upon which she had told Of
her conversation to others.