Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-06-06
FOR CONTEMPT.
A LIVELY TIME AT TIE COURT HOUSE, YES
TERDAY.
Taking Evidence Regarding the Garrison Jurors.
Rules Issued For Juror Robinson and Witness
Tolbsrt-Ths Hearing Will Be Re-
sumed This Morning.

/
cult Court, yesterday morning, to hear
and see what was to be said and done in
the matter of the questions raised by
counsel for the defense in the Garrison
murder case, anent their motion for a
new trial. The prisoner was brought
down to the Court House at nine o'clock,
in the custody of the Sheriff, and sat in
his old seat on the north side of the
Judges bench, looking over the morn
ing papers, for about three quarters of
an hour, awaiting the opening of Court.
The counsel came in, shortly after half
past nine, Judge Campbell took his seat
on the bench, and the court room took
on an appearance very similar to that it
presented during the progress of the
trial. There were present quite num-
Der of the members Of the trial jury,
summoned as witnesses, and in addition
numerous gentlemen from the country
In the same capacity.
At ten o'clock, when business was be-
gun, Col. Arnett said he desired to say
the affidavitS and statements submitted
by him were before the Court, and he
asked that they be made part Of the
report made by the Stenographer.
Other af1idavits, which could not be
! filed at this time, would be submitted
later. They were in regard to evidence,
and were at present incomplete. He
also asked that the witnesses wac were
! oh no cd nd ~ al nd
Capt. Dovernor-Did you separate
your witnesses, when you took your en-
pert testimony?
Col. Arnett-I didn't suppose this
was to be commenced so soon.
Capt. Dovernor-And / hoped not,
! too. This ought not TO include jurors.
These gentlemen has been attacked as
fair men, and they have right to stay
right here.
Col. Arnett-I have no objection to
any juror suggesting any questions to
counsel for the State, but there can
certainly be no objection to having each
witness tell his own story, without be-
ing influenced by any other circum-
stance than his own recollection. l
want to say that all the dispositions
taken by us, with one single exception,
that OF witness living in the town,
we're placed in the hands OF counsel for
the State as soon as made.
Mr.. Howard-That is the second time
that statement has been made to the
| Court, and / want to correct 1t in some
particulars. The affidavts filed yester-
day were never put In my
/ o.
into this Court yesterday. About
week ago, while | was in Judge Paul's
| office, saw some papers on the table,
and | was told to look at them. | pick
ed them up and read them over hastily,
and found them to be the dispositions OF
Lester Bates and some others. The pa
pers are not properly dispositions, for |
had no notice of the taking of them,
and neither did Capt. Dovener. The
other papers never saw until they
came into this room yesterday.
To this Col. Arnett made an explana-
ton, saying that the defense could not
tell what a witness would say until they
had questioned him, and when they had
| found something material it was put in
/ deposition form and Mr.. Howard had
been given the papers to examine, the
witnesses, with one exception, being
retained in town.
Mr.. Howard desired TO put some queS-
| tonS to Col. Arnett regarding this mat
ter, but the Court shut off the debate as
a waste OF time, excluded the witnesses
except the jurors attacked, and directed
! that the witnesses be called and sworn.
JAMES RUSSELL.
James Russell was the first witness
called by the State, he being one of the
men summoned as possible juror.
O. BY Capt. Dovener. You have
been taking quite prominent part in
this case on the part of the defendant,
| haven't you? Al was in town once,
and at Squire GillespieS Office, and he
told me how he had beaten Garrison for
Health Officer, and done him up, and
had beaten Harrell in North Wheeling,
and his brother said Isaiah Warren
said: Baird had been calling him a
- for twenty-five years" | thought
he seemed to be sort Of following him
up, and | took exceptions to it, and said
there might be another side to the
story.
Q.-And you wrote this affidavit? A.
Yes.
Q.-And you wrote it out at Elm
Grove, Swore to it and brought it in?
A.-No.
Q.-Where did you write it? Al
wrote it right in Mr.. Sommerville'S Of
| fee.
Q.-You were in town May Goth,
wasn't you? Ayes; came in on the
| IL o'clock motor for seed corn. / went
up Chapline street, and saw |. f. Jones
/ in the door OF Mr.. Sommerville'S office.
We got to talking about the mat
ter, and then Col. Arnett popped
out and said he wanted to see
me about that matter. l didn't
know that aflidavits were to be taken.
In fact he didn't say he wanted my af-
fidavit then; he told me to come back
after dinner. / told him that Evans had
said he had formed an opinion. l went
back to Elm Grove, and went to Evans
| house: he owed me rent, and | went to
see about it.
Dwell, did you ask him for the
rent? A.-No, he was then by himself?
Dwell, that didn't prevent you
from asking about the rent? A.-HiS
sister and others came in, and the mat
ter of the case just come up. 1t was a
general conversation. He said he had
formed an opinion, and had so stated to
the Court.
The Court here objected to the form
the examination was taking, and said
| that unless it was narrowed it would
take two weeks. He was disposed to
have the statements submitted In the