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

went to that gentleman, and asked him
il he hadn't said so and so, and asked him
not TO say anything ABOUT IL l went In
stantly TO the sentlemen, and asked MIN
about it. aud he said be knew nothing Oh II,
and, of course, when he said that, IL sell
tied il with me, so far as he was concerned,
but even after that asked Robinson about
il. The information we finally got was OF
bringing people down here from the
country, and questioning them, and taking
the affidavits of such as knew anything,
and letting the others 90 home. And fur-
Their, will say, as conclusive, that II we
had had any idea about either Schmidt or
Robinson, we would have struck them on
the trial jury, and used the fact OF their
prejudice afterwards, snd not have taken
chances with them in the box. That would
have been the course Of sensible men, ana
that is what we would have done"
Col. Arnett then summed up his argu-
ment by enumerating the four points
upon which the defense rested: The ex-
clusion of DR.. Garrison'S statement after
the shooting: the exclusion OF Juror
Bell ana others from the jury; the excius-
ion OF the witnesses kreiter, Dunievy
and others, and the evidence OF Geo. w.
Robinson; and lastly the bias and preju-
dice OF juror and expressions OF opinion
by them, and general misconduct.
just before Col. Arnett closed, Capt.
Dovener submitted the following to the
Court, as relating to the difference be-
tween "sworn" and elected" in order.
as he said, Col. Arnett might answer
it,
"a cry good way 10 test il is, is the
prisoner in jeopardy legally until the jury
is sworn 10 try the case, and II all the
Jury have been elected and found 10 stand
fair, and then the defendant has any cause
for continuance, would the continuance
be granted and would II not be error 20
refuse il, and If the jury had been sworn
10 try the errors found, could continuance
then be had at the interests Of either the
State or the defendantln
The Colonel said he didn't believe the
paper had been submitted for any such
purpose, but it didn't make any differ
ence anyhow, and closed with re-
ference to the responsibility OF the
Prosecuting Attorney for driving Juror
Bell from the box.
Prosecuting Attorney Howard then
begged the indulgence OF the Court Tor
a moment, and said
"If the Court will pardon me a moment,
l will make a personal statement, and In
doing il, desire to say TO Col Aruett that
Capt. Dovener, whose absence he regretted
so much yesterday, is present to-day. In
stead Of taking advantage Of the Captains
presence, however, he had jumped upon
me again, presumably because he supposed
/ would 'sQueai.' Col. Arnett has re-
ferred TO what he terms the driving OF
Juror Bell from the box. and
has said that the responsibility
for il rests upon me- assume
that responsibility, and in doing so de-
sire to say to this Court, that so long as |
hold the position | 90 in this county,
whenever ! see a man over the age Of sky
years-whose shoulders are bowed with
the weight of almost seventy years-en-
deavoring TO break his way into jury box,
| am going TO stop MIN, IL il lies within my
power | assume the responsibility for
driving Juror Bell from that box, and IN
order that there might be no mistake about
his leaving il, | made use OF language
which would have the desired erect.
have nothing 10 conceal about that, and In
closing | desire 10 again notify Col. Arnett
that Captain DOvener is in the house"
Col. Arnett-That's all right, but II the
Court Will lust adjourn aud let me at 'em,
I'll undertake 70 lick EN- both. Laugh
ter
This closed the discussion, and the
Court took the papers, and took the
matter under adviSement, his decision
TO be rendered az another time.