Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-02-17

man who admitted that he had deceived
the Court,n
Prosecuting Attorney Howard ques-
toned the accuracy of this statement,
and there was a controversy over IL,
which led to their looking up the evil
dence. The Colonel referred TO the evil
dence OF Juror Evans, that he had told
Mrs. Martin that the jury might re-
turn a verdict of murder In the first de-
gree, murder In the second degree, vol
untary msnslaughter, involuntary man
slaughter" etc.
''Now, your Honor, have no hesitation
in saying that statement is not true. / am
not in the habit Of using that harsh Ian
guage, and generally do violence 10 my
nature when l do, but on this occasion
have ne hesitation in saying the statement
is not true, 1t is Lot true because il could
not be. Evans knew nothing about the
possible yerdicts until he came here and
was instructed ard 'schooled in the matter.
His business as a coal miner couldn't have
informed him upon that point and he had
no previous opportunity 10 know OF the
verdicts.
''But they come here and say, oh the
other eleven jurors were against you;' or,
the ether nine jurors were against you,
and it could have made no difference!
Your Honor, that is no argument at all.
Why, II tbirty-one out Of thirty-two men
are present, the absence OF one vitiates
the judgment Of the whole. In the old
County Court matter, in Virginia, nearly
seventy years ago, thirty-one members OF
the Court were present, and one absent,
yet the Supreme Court held that the ao-
sepce Of one was vital, because his logic,
and reasoning, and powers OF persuasion
might have upset the findings or the origl-
nal ideas of the other thirty-one. The
claim of the State has neither force nor
effect"
Mr.. Howard here interrupted the
Colonel TO read the record relating to
Joseph w. Robinson.
Col. Arnett-Oh, what's the use Of going
over all that.
Mr.. Howard-The reason is that you
have stated to the Court that which is IN
true
Col. Arnett-You mean by that, sup
pose, that | AN mistaken.
Mir. Howard-Yes, sir.
Col. Arnett was proceeding, when
Capt. DoveIer made suggestion that
he read something else, when the COL
onel somewhat testify declined to be III
terrupted any further.
- AN willing that you gentlemen shall
argue your case throughout time and
eternity, but am not willing to be bother
ed in this manner"
Col. Arnett then reiterated his be-
lief as to Robinson's deception Of the
Court, and went on 10 read from the
record TO substantiate his assertion.
1t took half an hour TO fail TO settle
this little side issue.
Mr. Howard-Now, where is the admis-
sion that lie said he deceived the Court
Col. Arrett-I have read it to you
Mr.. Howard-Wbere is it!
Col. Arnett-Well, if you can't under
stand the English language, / can't help it.
MIR. Howard-You have not shown It,
MIR. Sommerville-He has read II.
Col. Anett-There is the record, and IL
you can't understand plain Anglo-SaXon, II
amt my fault.
Mr.. Howard-There is nothing there,
and l challenge Col. Arnett TO show the
page and the line. do not propose 10 al
low this TO be passed in this way. Col.
Arnett has seen Mt TO make an assertion
here, which is not justified, and propose
10 get at the bottom of II. do not pro-
pose to be laughed out Of it by Col. Arnett's
alleged wit.
Capt. Dovener-Grand-sta playing
something the Colonel never does.
Mr.. Howard-Coi. Arnett has made a
statement-I'l 90 him the justice 10 say
that he is mistaken-and il IL IS no so, ii IS
due TO me and tothe Court that he suostan-
tate il.
Col. Arnett-I shall do neither the one or
the other, and ask to De permitted TO
go on.
The Court here gave his recollection
of the witness testimony, Capt. Dow
ener interiected an idea or two, and
the COL Arnett proceeded with his argu-
ment, repeating the assertion as to Rob
inson's admission regarding his CONVEX
sations about the case, and added that
any misconduct carried with it the idea
Of Injustice to the defendant.
Would Your Honor have allowed these
men TO sit in Judgment on DR.. Garrison, II
YOU had known before the ttial what you
know now! | think not. l do not think
any Court would do so. The Appellant
Court expects the trial Court TO give the
defendant fair trial, for the trial Court
has better opportunity to know and judge
of the facts. 1t knows facts which the APP
pellant Court can never know, and the
Court above looks 10 new trial In every
case Of fear of prejudice or prejudgment OF
the case"
He referred to the Caesar Tiffin case,
where there was not only an Illegal
jury, but an illegal judge-Judge Schef-
~; TO the Strauder case, TO Bristow's
case, and to others, in confederation OF
his views, and said there was no reason
able reason on earth to believe that Rob
inson forgot his expression that 1.-THE
. ought to be hung"
ut is impossible TO believe that he forgot
that opinion. 1t is not reasonable suppo-
sition. Do you think that he forgot ~
when he was inquired Of day after dayi IL
is impossible. II you believe the witnesses
the Court can't possibly say the jurors was
not prejudced. | say, for my
friend may carp or critlcise, that
his examination shows he knew be
haR a conversation, and that he wllfully
deceived the Court. = II men are
TO be tried in this country by such men as
these, for great crimes, God have mercy on
them, You may resort 10 every
device beneath the sky-brng in every
idea that ingenuity can suggest-aId you
can reach no excuse for these jurors except
that the7 forgot Do you believe it! IS 1t
possible for anyone 10 believe that either
Robinson or Schmidt forgot their express
sions, when they were questioned by Your
Honor! | think not. lnlhK Jn4I
the conduct OF Juror Robinson, on his
examination, when he made such an
exhibition OF himself-forcing Your
Honor 10 issue a rule against him-ought 10
have settled the question Of new trial,
and | think that with other Courts, having
less discretion than Your Honor, that II
would have settled it then and there. and
we have been required to DO nothing more
= But my friends say twas sort OF
impersonsl indignation-an indignation at
the act, rather than at the person. do not
think that is reasonable view OF 1t, and II
fhar rtrhf II