Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1892-06-17
TUESDAYS PROCEEDINGS.

at Charlestown, the case of the State
of West Virginia against ii. r:
Smooth, on trial for the murder OF
Susie Terrell in Shepherdstown last
January, was called. The court
room was crowded with men from
every section of the county-and two
women appeared as spectators In the
gallery.
The State and the defense both an
nounciug their readiness, the court
ordered the jurors to be called, as
follows: Charles Vanmeter, Robert
Smith. Thomas Callahan, John h.
Gruber, Charles Rau, &. w. Benner,
J. ID. Butler, J. w. Rider, Daniel
Link, H. b. Middlekauff, John O..
Fleming, Benjamin Engle, James
Melvin, Miller Bane, Charles b.
Nichols. George Washington, Charles
Moler, J. d. Clapp, Robert II. Phil
lips, Frank n. Moler.
The court asked the following
questions of each juror:
Have you any conscientious scru-
pies against inflicting the death pen
atty?
Have you any interest whatever in
the case?
Were you on the grand jury that
indicted the prisoner?
Are you related to either the de
PENDANT or the deceased?
Are YOU sensible of any bias or
prejudice for or against the prisoner
Could you give the prisoner fair
and impartial trial ?
Miller Bane and II. O. Link were
excused on the ground of their rela-
tionship TO the deceased girl.
Charles Nanmeter, Robert Smith,
Thomas Callahan and John IL. Cru
bur answered the questions salts
factorily and were accepted by the
court. Charles Rau doubted very
much if he could give the prisoner a
fair trial, and he was excused. G. w.
Benner had read the papers and
heard the subject talked of, but had
no positive opinion and was accepted
J. ID. Butler was also accepted after
answering the same questions. j. w.
Rider thought it would take the
strongest sort of evidence to change
the decided opinion that he had
formed as to the guilt of the prisoner,
and the evidence would have to be
from the most reliable source. Mr..
hluer was tACuStu DhhiCA
Link thought he would not be able
to give the prisoner a fair and I'M
partial trial, and he was also rejected.
II. b. Middlekauff was accepted with
out much questioning beyond the
usual interrogatories. John y. Flem-
ing had read and talked of the case,
but his opinion was not positive one
and he was sure he could do the pris-
oner justice. He was accepted. Ben
iamin Engle had formed an opinion
of the case when he first heard of it,
but had none now. He was accepted.
James Melvin was accepted after
answering the questions satisfactory
lv. Charles b. Nichols and George
Washington had decided opinions
and prejudice against the prisoner,
and they were allowed to depart.
Charles Moler thought he could rem
der fair verdict, but admitted that
his prejudces were pretty strong,
and so was excused. j. ID. Clapp and
Robert II. Phillips had formed
opinions, but thought they could
render a fair and impartial verdict,
and were accepted. Frank n. Moler
| had formed an opinion at the time
from reading the newspapers, but
was impartial and unpreJudiced, he
| thought, and could give a just YER
diet He was accepted.
The regular panel having been eX-
hausted, new names were drawn. T..
f. Clevenger had formed an opinion
at the time, but had no opinion now
| that would prevent him from render
| ing verdict according to the evil
dence. David Deck was excused
when he said that the prisoner would
have to prove his innocence or guilt.
o. j. Blackford came forward with a
smiling face, but he was afraid that
| his prejudice was too strong against
the prisoner to do him justice, and
| couldn't promise to render an impair
tial verdict. Excused. Charles Ro-
| senberger, Charles II. Johnston,
Lewis Clipp and James Il. Shew-
| bridge answered all the questions
satisfactorily and were accepted.
Charles ID. Keplinger was the only
juror summoned who had conscien-
tious scruples against the death pen
atty being inflicted, and on that ground
was excused. w. A. Thompson and
John ID. Curry were the last two
| Jurors examined, for both were &C
cepted after answering the proper
| questions.
The list of twenty jurors thus Sc
cured was handed to the counsel, the
defense having the right to strike six
names and the State two. The names
of Thomas Callahan, G.. w. Benner,
John Q. Fleming, Benjamin Engle,
James Melvin, j. ID. Clapp, Il. H.
Phillips and John ID. Curry were
scratched off.
The twelve men in whose hands
the fate of the prisoner was to rest
| then took their places i'll the jury
box, as follows: Charles Vanmeter
Robert Smith, Charles II. Gruber, j.
d. Butler, H. b. Middlekautf, Frank
n Moler, Il. Z. Clevenger, Charles II
Johnson, Lewis Clipp, James L.
Shewbridge, William A. Thompson
Charles Rosenberger.
The jury is composed of farmers
with two exceptions. They are most
ly young men, and appear to be al
intelligent set of gentlemen. They
pay the closest attention to the pro
ceedings.
States Attorney Brown then made
his opening address, in which he
| DTltIy tilt VI VIC MIL
ing as he expected to prove them
He was followed by Captain Baylor
who only spoke few moments, ant
gave no intimation as to what the de
Tense would be. The court then ad
journed until $50 o'clock wednesday
morning.
WEDNESDAYS PROCEEDINGS.
When the court opened at half-past
0 O'Clock Wednesday morning every
seat was occupied and all the stand
ing room was taken, even. A few
women appeared among the specta
tors in the gallery. The three sisters
the three brothers and a little niece
of the prisoner sat near him in the
bar enclosure. The accused showed
the effects of the strain upon him, anC
was hollow-eyed and anxious-looking
DR.. A. S. Reynolds was the frs
witness in the case, called by the
| State He testified that he was Ga llec