The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-09
JURORS DISMISSED.
Five of the Twenty Who Were
on the Panel Excused
BY THE COURT YESTERDAY
For Various Reasons..-David Bell is
One of Those Observation-Disclosures
FIIan Examined and Allowed
to go..More Talesmeu Drawn.

Everything but the clock seemed Il
be working slowly yesterday morning
The Judge was q little behind time aud
the attorneys did not appear in court till
nearly l0o'clock, and it was considerably
later than that when business was
really begun. The jury sat in the box
till they. became restless, and crossed
one leg and then the other, pulled their
moustaches, yawned, and wished some
thing would be done to relieve the very
quiet monotony. a.
A few minutes after 10 o'clock the
Judge began disquisitlOn on a point
made by the State in the argument Of
the sixty.year,old precluslon clause the
day before. In the argument the State
raised the point that section is, chapter
tll6 Of the code, read that no juror
should be excluded after he is sworn
and in the box on account OF "age or
other Disqualification y hence, age must
be disqualification.
The court stated that the section, IS,
was in the statute when age was posi-
lively specified as disqualitying cir.
cpmstance. Later the statute was
amended, taking out the age disqualif'
cation, but not changing Section IS;
hence it has no weight.
Captain Doyener interrupted the
court with, "Your Honor, you crushed
US Yesterday now please don't destroy
The discussion OF the question OF
whether Mr.. Bell shall be excused on
account Of age, after being placed in the
panel, even though he ask it himself,
was resumed. Colonel Arnett, it will
be remembered, made an objection TO
his being excused, because he deemed
him fair and impartial. Colonel Arnett
reviewed the question at length, going
back 10 the time Mr.. Bell was SUN.
moned, and insisted that after an elec.
ton there can be no change. He said it
would be chil1s play TO select twenty
jurors and before the time TO swear
them let them come forward and an
nounce that they have become dlssans-
fed and desire to take advantage Of sge
or other excusing circumstances.
The Colonel held that, in law, when
an election Is made II cannot be revoked.
''When woman elects TO accept the
privileges OF a will, she can never reject
it." In all actions at law, an election is
Gnal. When anyone agrees or elects to
do anything, he must do it. "1fthis juror
was examined and selected, with the
knowledge that be could be excused
and il he did not know it, he Is pre-,
sumed to know it-ho elected to serve
upon the jury by not objgCtiug and now
he cannot Withdraw. deny the right
Of the court 10 permit him TO leave the
Jury and deny his right to demand it
because he has elected to serve upon
this jury"
THE COURTS POWERS.
He further stated that he did not be
lieye it the province Of the court to re-
move any fair and impartial juror, even
though his place be filled with another
equally fair and impartial juror. The
ttst twenty that are found to stand fair
are those who shall constitute the panel
from which the State shall strike two
and the defense six. "The court cannot
go on and substitute others, because it
is not In accordance with law, would be
supererrogation and would border very
closely upon nonsense"
Captain DoveneE, for the State, said
that side cared to cay nothing on the
subject unless the court wished come
further information.
The court held that "a cii4en OF the
State OF West Virginia is in no way q
juror till he elects TO become one. A
man is not juror till the sovereignty Of
the State eiects that he shail be one after
an examination shows him to stand fair,
Just as this court elects these men who
stand fair shall be placed upon the
panel from which jury shaii be elect.
ed. A man more thap sixty years OF
uge is under no legal restraints aud
stands here under his own sovereignty
and may assert his rights at any time
ill the law states that the right has
been removed by his own election TO
serve the state.
~ look upon Mr.. Bell as o man who
stands above the average in point Of In.
telliRence and who, is extremely well
aware OF his duty. There were:a pecu-
liar set oil circumstances in this case
yesterday, and I can we'll gndeIstand
his position. Mr.. Bell in conversation
was led TO cay what led Others to believe
that he was. biased.
One side wanted him on and the other
wanted him of. This came TO bitterness
yesterday in Mr.. Bells case and 1t surely
has made an impression upon him.
While have no doubt that he would
make a fair and impartial juror, l will
excuse him."
HE WAS AGED AND DEAF.
Il ]. Ballard vas called and it was DE-
veloped by the court that he was
seventy.three years old, and was hard Of
hearing, and could not hear ordinary
con nyersatlon In his own family.
Colonel Arnett: HAhhr'the scenes OF
yesterday ! shouldn't be surprised il
every man in the panel was now over
age and deaf. Ishouldn't be surpriaed
If any man would plead any disqualia.
cation be could bring" ~
Mr. Howard: "You mean to say we
all talked 60 loudly yesterday that We
destroyed Lhelr heHflpg}
Mr., Bullard did not think he could
hear the evidence aud was excused.
James Filsn was called. Col. Arnett:
"0n day before yesterday as you went
Into your saloon didn't somsone say to
yog ihst YOU ought TO let DR.. Garrison
60. anddidn't y6a say ! gaess notT'N
Filan: mo, slr.n
Arnett: "Didn't one-armed man
named Miller say that to you?"
Fiian: "Tes, sly.H
ATnett: aDiHn't you once haye a
difficulty about burial permit with Or.
Garrison, aud didn't you say yau meant
to get even with him for itS"
FIlan: "Yes, sir; l told Dr.. Garrison
90 himself"
Arnett: "Didn's you tell Al. Smith
t5s, 9I%,SS SoH intended to get even with
Fiian: ~ may haye.a
Arnett: "You had a good deal OF
feeling about it2"
=. Filan; II did.p
Arnett: 'fou. have it yet, haven't
Won