The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-05-27
MISCONDUCT ALLEGED
Against One! Of the Jury in the
Maier Case.
THE GARRISON JURY STILL OUT.
II Wants to DO Discharged, but Is Sent
Back by the Court...Mnlcr's Attor.
noys Argue for a New Trial, aud Pro.
sent Aiiidavits Regarding Juror
kcllcr's AGtious.

" A''Aoui niaicib Rtiie CoHVlCtCu muTucT-
or, was brought into court yesterday,
to listen to the arguments presented by
his attorneys, Messrs. Atkinson and Co.
MID, on their application for a new
trial. Major looked well, tho prodica.
ment no is in not seeming to have af.
fectcd him in the least. Hc took his
seat beside his counsel, and listened ap.
athctically to his counsel's rehearsal Of
the reasons they offered for tho grant
Ing Of q new trial. !
MIR. Atkinson mado tho first apeoch.
He claimed that by reason Of tho setting
OF tho trial for SO early a date he and
his colleague had boon unable. to proper
" prepare their case. Maier's condi.
ton, physical and montal, at that timo
prevented him from giving d connected
story OF his movements aftertho kjllihr.
and the defense had bad no time to!nro-'
cur evidence Of, tl}s truth, Of Maier's
statement that his grandfather land
iather had besn insane, nor the. evidence
Of the physician under whose attention
Maior was, when no received q blow on
the head, in boyhood, Mr.. Atkinson
dwelt strongly Oh the, state Of public
opinion at the time Of the trial.
Mr.. Atkinson's chief card we're two
aftidavita alleging misconduct on the
part OF Jacob Kellor, one OF the ,urv
which tried Major. One, OF the aliida-
wits MAS sworn to by John Arm
strong, the witness who gained celebri-
w IN thelast Garrison trial by inducing
u witness for the defense to leave the
state. The affidavit recited that Arm
strong, about two. days after tho jury
had rendered a verdict, overheard
Jacob Keller, one OF tho jury, tell Ed
ward 7. Wcichsel that the Jury had to
lind Maler guilty Of murder, or the
JURORS WOULD HAVE BEEN MoBBED
BY the people OF Wheeling. In his aii-
davit Armstrong said that Weichsel and
Keller had other conversation, but he
did not hear what it was.
Edward f. Wcichsel in his affidavit
said that he was talking to Jacob Keller
about two days before tho trial Of Will
lam Maier, and that Keller HAD said If
Maler was insane, he should have been
sent to the asylum beforehe had an op-
portunity OF killing his wife. 1t was rs
cold-btooded a murder as he had ever
heard OF, and Maier ought to be hung.
Shortly after the trial afliant hadIan-
other conversation withc JurorKeller,
q The latter said he had madeTit his
business to see Il member of the brass
band to which Maier had belonged, and
had asked him if Maier was insane. The
musician had replied that Maior was
insane, else he could not have be-
loEged to a band. as no insane man
could make a musician. -Keiloriurticr
said, he was compelled to agree to a
verdict OF murder, as the Jury would
have been mobbed had it done other
wise.
MIR. Atkinson adduced several authors
ties in support OF his motion; and was
followed by Mr.: Howardtinsa few brief
remarks. Mr.. Howard made no arpu-
mont. believing the court would in
vestiEateE the authorities quoted and
the case needed no arguments on his
part.
WAS JUROR KELLER IMPGRTIAI?
After dinner Mr.. Conf; spoke On the
motion for a new trial. Juror Keller
was,the chief subject Of his discourse.
He claimed that Keller could not have
been q fair and impartial Juror, such
as the prisoner was entitled o ,abeca use
his verdict was renleredtfhFoush fear
OF the public. His talk With Weichsel
before the trial proved that he had gone
into the Jury box with his mind made
up to render q verdict irrespective OF
the evidence. In going to the members
o. the band and questioning themas to
Maier's sanity or insanity, hes had
manifested n reprehensible interest in
the case.
In their five hours argument Mr.. At
kinson and Mr.. Conif presented au.
thorities from a dozen different states.
Judge PAUL said he would look them
up and render his decision, as 0 o as
possible.