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

there could be no hostility or showing
OF one, on the part of Robinson.
The speaker then passed 70 consio-
GRAFTON of the charge against Juror 3. 4.
Evans, that he had spoken of it to MRS.
Frances Martin, going down the road
on May 9th. Col. Arnett took her depo-
sion on June 1st. Evans was alleged to
have said he didn't know what the jury
would do with Garrison, "but think
they ought to hang him." In her aff1-
davit, the woman says that the word
Jury" was not mentioned at all. The
Captain quoted from Mrs. Martins evil
dence in support of what he said, 1t be-
ing stated explicitly that she
knew nothing about the jury and said
nothing about 1t, and that Evans never
alluded to the jury, either. The Captain
called emphatic attention TO the great
variance between the affidavit signed
by j. B. Sommeryille, as to what Evans
said to Mrs. Martin, and what Mrs.
Martin said she and Evans said.
Evans case is as singular as Robin
sons, in that in the effort to impeach
him, they brought 10 the stand, who?
A white woman who married a negro,
aud who had been turned out OF the
church in which Evans was class
leader. Every time they bring in
witness there is either personal friend
ship for DR.. Garrison, or hostility for
the juror"
The Captain then took up the opinion
Spivey,i the Van Baker case, quoted by
Mr.. Sommerville, and said his suspicious
had been excited by Mr.. Sommerville's
reading small section of it. The
opinion could be found in full in the
REGISTER Of March %, 1855, and be
called the attention Of the Court TO II.
Spivey had expressed an opinion in five
or six places, and coupled palpable hos
tility with it, and he said the foil facts
would create very different impression
from the small section read by DIR. Som
merville. There was not only an eX-
preston of opinion by Spivey, but abus-
i've language, too foul to be referred 10
In Judge Boyd's opinion, and on top OF
that, Spivey had the effrontery TO come
into Court and acknowledge that he had
said So.
The Captain went over the conclusions
OF the Supreme Court in the Van Baker
case, and said the mere statement that
a man ought to be hung did not involve
hostility. 1t was very common thing
the result Of hearing or reading OF
any atrocious crime. The Captain cited
a case OF the brutal beating Of a child,
near Clarksburg, which he had read
only yesterday morning in Clarksourg
paper, and said he might have said "the
scoundrel ought to 60 to the peniten-
tiary," or "the scoundrel ought TO be
hanged" yet none of the parties were
known, and in two or three months he
might have forgotten that he had ever
made use of the expression.
The case of Sweeney V. Baker, 13 w.
Va, was also referred to by the speaker,
he quoting from Judge Green's opinion,
and other authorities, showing that new
trials would not be granted for the ac-
tions of jurors before they were sworn.
Capt. Dovener concluded at o'clock,
and Court adjourned until Monday
morning at 1870, when the testimony OF
Geo. w. Robinson will be written out
and submitted to the Court, and Mr..
Howard may call attention TO some
things in it, as Capt. Dovener will be in
Pittsburgh. Col. Arnett will then close
the argument.