Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1892-02-14

man.? no matter what his Christian
name was? Why didn't they bring
forward their informant and go into it,
and not sleep upon their rights until
they were in danger?
1.-THE Court will note particularly
that even now no name is given in the
| affidavit.
. Further, on the evening, afiant
thinks, before the argument Of the
counsel closed
'He isn't sure, but he 'thinks--'
"'On the evening before the argu-
ment closed
THAT was the evening Of the 26th,
so that after the Colonel got the infor-
nation, there was the night of the 25th,
and the whole OF the Goth, and part OF
the eth, and yet nothing was done by
the Colonel in bringing this matter to
the Court. Now what was 1t the Col
onel heard 'on the evening before the
argument closed? 'Affiant was told
that jurors could be found'-not naming
who they were or where they lived
who had heard Juror Robinson express
an opinion upon the CASE Well.
whether the Colonel knew who they
were or where they lived, a man stood
up before the Colonel and told him that
persons could be found 1t don't show
that the Colonel asked who they were.
But supposed he had done that, and
| they had refused, the Colonel had a
couple OF days, and yet did he come TO
| Your Honor and say he had been told
by such man he could name per
sons?' Did he do that, and IL he did
not, did he exercise reasonable
diligence Is it carrying out
in good faith, and is it using the reason
able diligence, required by law? If he
had used due diligence, and had Inform
ed Your Honor, he could have had
Dolph Tolbert here before the case was
submitted TO the jury. The Colonel
doesn't say the witness didn't know
where he lived, or that he asked him,
but that he didn't tell him. That does
not show due diligence"
| The Captain illustrated this by sup
positions case, identical with what was
set forth in the affidavit, and said he
thought the Court would have given
| him lecture II, after hearing a story
which would destroy the panel of jurors,
man who impaired 1t, or where he lived,
even had failed to ask the man just
what the juror was reported TO have
said.
"Yet as soon as the verdict was rem
dered, there was activity, and Lester
Bates was here in less time than elapsed
between the first information and the
| finding of the verdict.
81 want your Honor to search this
thing from one end to the other. Some
| one knew that Lester Bates had that in
| formation. Some one told Col. Arnett
or the defendant, and yet this Informant
is not named in any instance-his name
| is not given, nor his residence. If they
had been, we could have probed that,
| but as it is we are shut out.
"Now have certainly shown that
there is something in this case which
will put the Court upon an enquiry.
The party who comes in here and says
he has not been dealt with fairly, must
deal fairly with the Court! Col. ArDett
saws in his affidavit that the informa-
| ton did not come until after the verdict.
We know absolutely that they did know
it. 1t is the one thing we are sure about
in this peculiar matter. II Lester
Bates did not give the information,
some one else did, but there is no OPP
opportunity to get at it; the candle Is
| blown out!'
The speaker then took up and ana
| lyzed the testimony OF Lester Bates.
| Juror Robinson, on the stand, sWore
the statements OF Bates were untrue,
and he said that he desired TO weigh
them together and ascertain which was
the more probable. He went over the
difficulties between Bates and Robinson,
growing out of the school trouble, and
said it was "more than passing strange
that the first thing coming in regarding
him, comes from an enemy. lie had
sat at the table of q Deputy Sheriff, and
they talked about the horrible crime,
and Robinson says, it's a pity and
nothing more; yet an enemy comes 10
the front with this story
The Captain reviewed the efforts
made to vote Richmond at Robinson's,
and at Elm Grove, and at Tridelphla,
and at Leatherwood by Lester Bates
and Abercrombie, and the fact
that Bates got Richmond and Aoer-
crombie to help him out with his story
| on the stand, and concluded that IT was
all q very peculiar piece OF business.
Bates acted a little peculiarly, too, in
| the CAPTAINS estimation, in the matter
of his alleged sickness. He could travel
all over the county up to the very time
| he was wanted under the process OF
! this Court, when he took sick and could
not possibly come. Yet he was In bed
one day, and had doctor see him but
once! The Captain took up the evidence
Of Richmond, given in support OF Bates
story about Robinson, and went through
| it from end to end, analying it In very
thorough and forcible manner.
Scan these things be true? They
swear they are, but are they? l think
not. James Robinson admits he went
over there for eggs that night, but when
asked IL he said: He shot the best
man in Wheeling, and the DANCED
scoundrel ought to be shotn he said, i
did mott The statement is libel upon
the man. They made him q hard-heart'
ed man, yet he shed tears repeatedly
upon this jury, as Your Honor saw. HIS
whole manner was that OF tender
hearted man, forced by overwhel ming
evidence to find verdict in accordance
with the facts. The story is wildly I'M
probable"
The Captain called attention to the
fact that it is laid down in the book;
that no two men see or tell thing eX'
actly alike, and that one OF the best ev-
licences of fixed-up tale is when two OF
three people tell thing WORD fol
word, track for track" How was u IL
this case? Do the witnesses diiter?