The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-05

could render a verdict in accordanc
with the testimony on account OF th
force Of opinions already formed.
ANOTHER RELATIVE.
A. T. Moore is related by marriage {
the defendant, sister of DR.. GArriso
having married his second cousin. H
had also formed opinions that would re
quire evidence to remove. It bein
found that under the law the juror an,
the defendant were related by attint.
within the ninth degree, the juror wa
dismissed.
George Osborns did not think th,
presentation OF evidence would max,
any change in his opinions alread!
formed. Patrick Gilligan was excuset
because OF his strong opinions. ConraG
Bremen has a very strong opinion anC
did not think It could be shaken. HI
said his present opinion was conscien
tious and would have weight in his delib
erations as juror.
Peter Bosley had expressed an opinion
and he did not think the testimony
would alter 1t.
William Lantry did not think any
evidence that might be adduced could
change his opinions.
Christian Viewig was not q member
OF either the coroneI's jury nor the
grand Jury, nor was he related TO either
the defendant nor the deceased, but he
had opinions 30 strong thAtthe evidence
would make no change in them.
William A. Rogers was afraid his
prejudice would get the upper hand ol
him" and he could not render an
honest verdict"
Frank G. Caldwell had formed opin.
ions and feared he could not give yer.
dict entirely unaffected by his present
belietas to. the guilt or innocence OF the
accused.
Levi Cassell had opinions that kept
him out OF the jury box.
THE FOURTH PANEL.
In calling the Fourth Panel, the name
Of George Loos, United States gauger,
appeared. 1t was decided to excuse
him under the law.
The panel was sworn, and F. Whaley,
juror No. IS, was examined. He was
biased and prejudiced, had formed
opinions and expressed them. That
was sufficient objection 10 him and he
was excused.
Simon Hunt was biased and preju-
diced, had opinions aud had expressed
them and was excused on short order.
There was then discussion as TO
whether a juror could be impartial un.
der any circumstances when he said
without qualification that he was biased
or prejudiced or bad formed an opinion.
The Judge held that when the predju.
dice ia personal matter and juror Is
conscious Of Its existence, it is not q
matter that can be removed by an appeal
to his intellect, but the bias or preju.
dice may come from opinions that have
been formed from previous, and even
erroneous, Information obtained before
the hearing OF cause, in which case
evidence to show the error OF his posi-.
ton may change 1t.
Henry Rine thought that his present
feelings in the case would influence his
decision. Henry Seybold was not
anxious enough 10 be juror 10 say he
could lay aside his opinions and give
an impartial verdict. He was excused.
Thomas F. Kenney could not give q
fair decision because he has formed
strong and fixed opinions. Lewis Whar.
ton had no prejudice, but he had ex.
pressed an opinion and could not get
himself TO bslieve that he could give an
unbiased verdict,
Fred. Huseman could not lay aside his
opinions and was excused. Col. Arnett
tried. to induce him to think he could
decide the case fairly, but he would not
be induced. K. ]. Hcge had all the
OF first class, gilt edged
Juror, except that he did not think he
could change the base Of his opinions
from heaTsay and second hand testimony
to that which he would hear in the Jury
box.
Adam Blum was decided by the Court
to be a good man not 10 have on the
jury, because he could not form an un.
biTsed opinion in the jury box.
William H. Tracy when asked II he
could form an unbiased verdict replied
that be could not and was excused.
B. F. Higgins had strong personal
opinions and did not think he could
give them up. Frank B. Mccoy was
excused because he had. formed an
opinion. Samuel Finley had formed
and expressed opinions and did not
think he could decide the case accord
ing to the evidence, his opinions already
formed being to firmly rooted to be re-
moved.
W. J. Bodley had formed and ex.
pressed opinions and thought he would
be influenced by them. Judge Campbell
asked ifhe could not fiI his mind in the
Jury box and decide the case according
TO the evidence, but he did not think he
could. David Henry was excused on
similar grounds.
John ZWorick had opinions and
thought they would influence him in
making up his verdict. Joseph Hy-
diuger had formed opinions and could
not make up verdict without consult,
ing lhose opinions.
John A. Kyle, while not q relative,
stated that he was bound 10 both the ac-
cused and the deceased by ties, Of such
strong friendship that he could not
qualify as a juror. He stated that he
could not qualify as juror because his
strong friendship for the accused would
influence him entirely. He further
stated that 1t would be the same II DR..
Baird Was in the position occupied by
Dr.. Garrison.
PANEL NUMBER PIVH.
James McNamara was the initial mem.
Der Of the fifth panel. Mr.. McNamara
made some amusement by his ludicrous
answers to the Courts questions.
When asked his age, he replied
"pown in the Sixth ward" He was ex.
Cused.
J. F. Merrimap was sensible Of bias
and prejudice and bad expressed opip.
ions. he was excused.
Alex UpaeGratt's sister had married
Dr.. Baird's son, which was ample cause
for his retirement. Edward NeWhaEt
had made up" his "mind some time
400. and was excused,