Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-06-06

would get under the indictment. Ho
might be cleared, or hung or sent TO the
neniteutiary. but he had told Mrs. Mar
tin what might be done with him, on
her asking him; | told what might be
done with a person in such situation.
Didn't you tell me that you didn't
know what DR.. Garrison was charged
with at the time you were taking 10
Mrs. Martin, and therefore didn't you
saw that you could not have told the
penalty?
There was big racket over this queS-
tion. between counsel on both sides ana
the Court, the State Directing to the
norton beginning with therefore.
The question was divided, and he
then mt. Didn't You tell me that you
didn't know what DR.. Garrison was
charged with?" aud the witness SAID ne
didn't think he had. What he meant
when he was talking TO Mrs. Martin,
was that in any case, in murder IN the
first degree, the penalty was death, and
so on. He only made the reply gener-
ally, not applying it 10 DR.. Garrison
particularly. The witness said Mrs.
| Martin did not tell the truth when she
said she was at the window and he was
passing along the railroad-he said he
was on the pike and she was in the door.
The witness fixed the day, because on
that day the Judge told them To have
no conversation, and after that he did
not talk about it. WitueSS did rot re-
member of ever talking 10 John Nick
erson. of Elm Grove, about the guilt or
/ innocence Of the defendant: II he had
any such talk he would remember it.
| The Saturday following May 9th, he
passed Mrs. Martins house on the rail-
road. and that was the last time he
passed there until the termination OF
the case.
Didn't you tell me and the Judge in
your evidence this morning, that Mrs.
Martin was at the window bat did not
have her head out? A.-NO, sir.
OQ.-IBy Dovener. do you know
Jas. Russell? A.-Yes. objection.
Odd Mr.. Russell come to your
home, and what did he say, and what
was the conversation? Ale didn't
ask for rent when he come; we begun
to talk about the trial. 1T just drifted
along; he said he had formed an opin-
ion and had told the Court so, and he
had been asked if he was biased or pref
udiced, and he said he had none.
told him | had an opinion, but it was
not fixed, and that had told the Court
so, and had said it was not ''carnal'
OPT zion, and Mr.. Sommervllle had cor
rected ne, and asked if 1 meant fixed"
and | said that was it; this was after
the trial we were talking. l said l could
not tell what ought to be done with a
man until had heard the evidence.
To the Court the witness said he did
not mean he could not tell about the
punishment, but as TO guilt or inno-
cence-that was what he meant when
he said he would have to hear the evil
dence.
To the defense, the witness said the
conversation with Mr.. Russell lasted
over half an hour, and he was pretty
certain" Mr.. Russell began the CONVEX
sation about the case: Mr.. Russell said
nothing about the rent that day. He
said he had used the word ''carnal' be-
cause he did not exactly know what
phrase TO use, and thought that would
apply to about what he meant; he meant
he had not fixed opinion. The juror
admitted he did not know the exact
meaning of the word "carnal," and in
tended TO convey the idea that his Opin-
ion was not fixed. The witness eX-
planned this at some length to the Court,
saying he had used the word in talking
10 Mr.. Russell, as he had in Court.
j. Il. TOLBERT,
Q. by Dovener -You made q deposit
tion in this case regarding Mr.. Robin
son? A.-Yes.
Q-Nyhen did you become acquainted
with Mr.. Robinson? A.-On the 5th
day of May-TueSday- don't know
what time of day, but l think it was
after dinner.
Q.-Who did you tell about it? Al
told my wife, when | went home, and
believe | mentioned it to Henry Dice.
Q.-When did you next hear about it?
Aft l understand you right, didn't
hear about it until | was summoned in
here a week ago to-day
Q--Do you know James Russell? A.
Yes.
Odd you talk to him about it? a.
No, unless it was to-day.
O.-When you came in week ago,
where did you go? A.-To Mr.. Boyd's
office.
Q.-Where do you live? A.-Near
/ Dallas.
Q.-Where did you meet Juror Robin
son, that day? A.-Between Tenth and
Eleventh streets-between the two off
/ sets in the street; | can't tell in front of
whose store it was: was on the left
hand side of Market coming down.
Q-Where was you going? Al
can't tell, positively.
Q-Where was you coming from?
don't know was just walking around
had been across the creek and went
up and took circle and was coming
down.
Odd you come into town on bust
ness? Ayes.
O.-What were you doing? A
neighbor Of mine had died and | had
/ been sent in to inform the friends.
Q.-Had you been up as far as Tenth
| street? Al don't know.
Q.-What did you do when you met
/ Mr.. Robinson? Ale asked me TO
| take note out.
Odd you talk TO a newspaper man
about it? A.-Not that know OF.
Q.-What did you do with the note?
Ale didn't give it to me.
Q.-Can you recollect what was said?
| A.-Some Of it; conversation came up
/ in regard TO the trial, aud in some way
| il came in that said had never formed
an opinion, and Mr.. Robinson said ne
/ didn't see how that could be If | had
( read certain paper, but disrcmember