Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-02-24
ON THE STAND.
THB COUNSEL FOR THE DEFENSE IN THE
49, GARRISON CASE
Sworn and Examined Before Judge Campbell
Ysstsrday-Ths Decision on the Pending
Motion 10 10 Made Tomorrow.

Mr.. Sommervtlle, counsel for the de-
tense, as to the extent Of their knowl-
edge as to the conduct Of jurors prior to
the taking Of evidence.
Mr.. SOmmerville was first interro-
gated by Mr.. Howard
Q.-Mr. SOmmerville, in your afhdaylt
fled In this case, you say that during the
progress of the trial, and 1 believe before II,
you made inquiries among the friends and
neighbOrs Of the jurors called in as tales
men, TO find il they were qualified. L want
70 ask You OF whom you inquired as 70
Juror Robinson, IL you remembers Al
don't remember all OF the persons; there
were a number Of them; among others re-
member distinctly Capt. VIM. Mccoy, VINO
lives in the neighborhOOd OF where Mr..
Robinson lives. We inquired OF everyone
we saw or came in contact with, both as
to Juror Robinson and as 70 all OF the
other jurors.
Q.-Were any inquiries made by you or
Col. Arnett, that you know OF, asked
man by the name OF AbecrOmbie, and al
forwards a witness in this caset Al
can only speak as TO myself. did not my
self ana never knew or heard Of him IN
til after the trial. believe il was devel-
oped during the trial he was once intro
duced 10 me, but didn't remember about
that.
Odd YOU have any conversation with
Lester Bates during the trial! A.-No,
sir.
O-At no time before the verdict was
rendered! A.-NO, sir; never heard OF
Lester Bates in connection with this case,
and never knew that he knew anything
about 10, or supposed that he knew any
thing about IL until after the verdict. The
first information we got with reference 10
& Lester Bates, we got on the afternoon OF
the dav on which that verdict was render
ed. and we learned on the afternoon OF that
day that Lester Bates was supposed 70
know something about Alr. Robinson hav-
ing expressed hostile feeling toward DR..
Garrison.
O.-When did you first hear Of B. Il.
Tolberti Al think not until after the
taking of the afidavits Of Mr.. and Mrs.
Bates.
Q.-At least not until after the verdictl
Ayes, sir; Il was after the verdict We
did't hear anything Of any OF these persons
until after the verdict
OIL will ask you from whom you heard
Of Mr. and Mrs. Bates. A.-The first init
nation we got from them we got from
Henry Deitz at ROney's Point.
Q.-Who told you that Mr.. and Mrs.
Bates would likely give you some lnf0rma-
ton! Any recollection is Mrs. Deltz.
Q.-Where did you see hers A.-At her
house on the afternoon this verdict was
rendered.
O.-What information did you have that
caused YOU 70 60 70 Deitz's house! A
The rumOr reached Us, / cannot say from
whom it came, that Mr. Chalmers Hender-
son, Of ROney's Point, knew something
about the natter, and we went TO see him
on that afternoon, and from there
we went TO the residence Of Mr.. Deitz.
We went there under the impression
hot f,rrrsa-
thingOf Importance but only learned there
that he heard in some way something
about Bates hearing Robinson express an
opinion.
Q.-Whend did this rumor which you speak
of-the rumOr that you went TO ROney's
Point 20 find out something about
Robinson-reach youi A My recollection
is that Col. Arnett told me that after
this verdict was rendered. knew
nothing Of it until after the verdict was
rendered.
O.-When was the first intimation that
Won had about Mr. TOlbert, and from
whom Al think Col Arnett got that
pretty soon after we got some other tesu-
mony in the case-after the verdict was
rendered.
O.-Do YOU know from whom he got It'll
Al could not tell you.
In reply to further questions Mr. Som
mervllle went on to say he got his in
formation from Col. Aruett from an hour
and a half 10 two hours after the yer-
dict was in, aud at once took steps TO
see the parties. Henry Deitz told them
Lester Bates had said TO some one some
thing about the case, but had no recol-
lection that any name was mentioned.
He first heard talk about TOlbert after
the afidavits of Mr.. and Mrs. Bates had
been taken. Col. Arnetttold him, wit
ness had no prior information about
Robinson.
Col. Arnett was then examined by Mr..
Howard as follows:
EQ-WhO was the first person who spoke
10 YOU. at any time in the case, about
Juror Robinson having expressed an opln-
ion in the casel Any little son told me
that he thought be had said something 70
DIR. Reefer. 10 occurred in this way: He
had; gone with Dr. Refer in the country
at some time before the trial.
O-Your son had3 Ayes, sir; Eugene.
The Doctor is a veterinary surgeon, and be
had gone out with the Doctor into the
country, and among other places they
stopped was Joseph W. Robinson's. And
/ think the second day after Juror Room
son had been seated he said 70 me that
he thought that Juror Robinson had had
a conversation with DR.. Refer, but didn't
know what 10 was, and he added that he
thought he had talked 70 DR.. Reefer that
day, that was the day he was telling me.
asked him II he knew what he had said,
and be said he didn't know. The reason
that he thought they had a conversation
about the case was, as he recolected II,
they were speaking ABOUT DR.. GarrlSOn's
father having lived on the farm OF the
father-in-law Of Juror Robinson.
Q.-That was the second day that Rob
insOn was here as a juror that he should
have had his last conversation Al
think il was the second day after he was
sitting here as juror. l then went d.
rectly 70 DR.. Refer and asked him, and he
said there vas no conversation occurred;
] asked him, also, il Robinson had said
ANYTHING to him about whether or not he
had expressed any opinion that day or il he
said ANYTHING about the case, and be said
he had not said anything Of the
kind: and, therefore. after l Intercepted
DIR. Refer, l asked Robinson about these
things that were talked so much about in
connection with this case, and he said he
hadn't any conversation with anybody
and hadn't expressed an opinion. That was
the reason, YOUR Honor, Of the question.
O-ColOnel, what day OF the trial was
Il That Eurene told YOU of the matter, as
TO DIR. Reeferl A.-Well, MIR. Howard,
could not pretend 10 say distinctly, but
know IL was after he was qualihed
and sat here as juror. My impression
was IL was the next day or day after be
was sitting here.
O-Was Il on Wednesday, Al think
so but l am not certain about that.
O.-Was the conversation that Gene
mentioned as having taken place between
Dr. Refer and Mr. Robinson here in town
on the day that Gene told you OF it--On the
same tlav that he was talking 10 You about