The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-06-06

store near BY; when the talk was done,
witness and Robinson came down TO the
court room he heard none OF tho con-
Yersation except few words with ref
erepce to the death OF q neighbor. Mr..
sommeryihe cross examined MI. McConn
at considerable length, but elected
nothing new.
Joseph W. Robinson was then put on
the stand. He knows d. r. Talbert;, on
May he took dinner at the market
house restaurant; started from there to
the court house; on the way down he
met Talbert; saw Newton hcConni
LEROY Alexander and Brice Sup
Ter came along while witness and Tai
bert we're talking; Talbert was going up
Market street ;Talbert told witness Of the
death OF Mr.. Oldham; witness asked
Talbert If he was going out home; TAI
bert asked if witness wanted to ride out
with him; witness said that il he was
sure he would not be allowed to go that
night, he would send note out home;
witness had understood there was
summons out for Talbert and told him
he had understood SO; Taibert said ne
had formed no opinion nor expressed
any and that If he was summoned he
would be a stioker; Talbert said that he
did not take any Of the papers, and 1.-The
did he could not read them on account
OF weak eyes; witness said he had not
used the expression, "The - --
ought TO be hung"
On cross.exQmination, he said to Col
onel Arnett that he was summoned on
Monday, May Al; that he had said he
had formed and expressed no opinions,
and that he stood fair.
Q.-You were examined May 4?
Ayes, sir.
.Q.-And were you not instructed by
the court not to have any conversation
about the case?
Ayes, sir. q .ag
Q.-And did you not go out and talk
about the case2
A.-0nly what I've said here, if that's
what Ion. call it..-.......................-.....
DIDN'TiASswER THE COURT,
O.-Were you not told three times
not to talk aboutit9 and were you not
asked by the court each-time you came
into the box ii you had any talk with
anyone?
A.-No; I don't remember.
Didn't the Judge ask you twice II
you or any juryman had had any con
versation2
AL did not answer when he asked
those questions.
Q.-Why didn't you answer them {?
Did you want to deceive thecourt?
Al did not deceive anyone.
Q.-When you we're silent and made
no answer, do you not know that you
left tho court under the impression that
YOU had no conversation with anyone?
Al don't know what he thought.
Odd you want to deceive the court
into the belief that you had not talked
to anyone?
Al did not,
Q.-You remember on Saturday,
when the jury was struck, that the
court and each OF the attorneys asked
you and each Of you il you had had any
conversation?
Ayes, sir. s
Q.-And did you not say each time
that you had not?
Al believe / did.
Q.-When you remained silent when
the court asked you ii you had a con-
versations with anyone, AMI you knew
the cour6 took yohr dlehcel as7meaning
that you had had mo such conversation
and you had had conversation, were
you not deceiving the court?
Al did not understand it SO at the
time.
At this point Capt. Dovener rose and
addressed the court in defense OF Rob
inson, holding that there Was no con
versatiof7 e6hcetnfhg sthe ease between
Robinson and anyone.
The court addressed the witness and
asked If he did not remember that the
court had cautioned the jury each time
they went out not to have any CONVEX
sation with any one, "and you will
surely remember that / cautioned you
if any one approached you with refer
encc to the case that you report it at
once"
Al heard that once or twice.
Mr.. Howard objected to Colonel Ar
nett putting in partof the questions,apd
the Colonel discontinued and sat down.
The court then said he meant to have
the whole thing cleared up and asked
the stenographert to read, the evidence
OF Robinson with reference TO his con-
versation with Talbert.
The stenographer read that part OF
his evidence to the court.
IN IT FOR CONTEMPT.
Judge Campbell said:
at is OF tho highest importance in
the administration of justice, especially
in the trial of capital cases, that the
Jury hold themselves rs unapprOach-
able and absolutely impartial as the
court itself, and even more SO. This
Juror, with all the Jurors, after having
been examined on their voire dire, were
repeatedly cautioned in regard to hav-
ing conversations in any shape or form
with any person whatsoever during
their recesses or during their absence.
They were not only collectively, but
individually, inquired of when the list
of twenty was completed and before
the State and the defendant struck from
the list, whether they had had any CON
versRtion with anyone or had permitted
anyone to converse with them with re-
gard to the case. They each and all re-
piled that they had not.
This juror knew at the time that he
had had at least some conversation with
regard to this case with a citizen on the
street OF the city OF Wheeling at a time
when the court was trying to throw
around the Jury every possible defense
and security that would keep them free
from any possible impression that
might be made upon their minds by
reason OF outside conversation. Ills
disobedience Of the injunction Of the
court has at least been made the basis