The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-04-21
MAIER MURDER TRIAL
Commenced = Tho Jury Secured
Without Much Trouble.
TIE DEFENSE is INSANITY.
The Prisoner Preserves q :stolid Dc.
mcanor Throughout the Day-.Maier
Makes AFFIDAVIT that Ills Head was
Injured While no was u Boy.-.IIis
Father and Grandfather Of I'm.
balanced Mind. AZ

murderer, caino up before judge PAUL
Yesterday morning. The court o
was literally packed with people, every
seat being occupied and two Of tho
aigles jammcd full. The northernmost
aisle was loft clear for the convenience
j. Of tho work Of tho court, as 1t would
have been impossible to get the jury.
men summoned into the room through
the dcnscly wedged mass OF spectators.
Promptly at half-past nine o'clock
M.aier was brought into court. He was
seated alongside his counsel, Mcssrs.
Atkinson and Coniif, and apparently
took little interest in tho proceeding.
Sitting there with his eyes closed, sell
dom looking up and entirely apathctic,
he seemed moro an unintcrested specta.
Ter than an alleged criminal, being tried
for his life.
The defendants counsel, Messrs. At.
kinson and Conif, moved for n continu.
ancc OF the trial to tho next term OF
court. and in support OF he1motion
offered three a~tlidavits, n by Maier
and two by themselves.
In his affidavit Muier stated that he was
not OF sound mind. and that in support
Of this claim he desired tho testimony
Of his iathcr and mother and of q Doc.
tor 0cker, all Of whom live in Aalen,
Germany. Tho affidavit further stated
that Maier, when q boy, was struck on
the head by a brick, falling from a
second story window, and that he had
never fully recovered from the effects OF
the blow. Furthermore tho affidavit
goes on, his father is not considered
sane, and his grandfather's
MIN is ALSO UNBALANCED.
In their aitidavits Messrs. Atkinson
and Conir say that they had found
difficulty in finding any witnesses for
tho defense. They had heard tales Of
Maier's insane actions, but could not
locate the witnesses, who seemed to be
afraid to come forward owing to the
public feeling against Maicr. Maier's
mind, the atlidavits go on, is in such 4
state that counsel has, beer, unable to
secure n satisfactory statement from
him. He has been confined in the
county jail and was not permitted to see
his friends. All these circumstances,
coupled with the lac tthat the attorneys
for the defense have been appointed
only a few days, and have not, had time
10 iamiliarize themselves with the case
are reasons, the ailidayits say, why n
continuance should be granted.
Maier was then examined as to his
affidavit. He said hat the injury with
the brick was received when he was
seven or eight years old, andche added
that it made him frequently feel that
he did not know what he was doing.
After Maier had been examined,
Judge PAUL. said that his affidavit could
not possibly have any bearing on the
motion. Mr.. Conif, Of counsel for the
defense, spoke on the motion, which
was argued by both sides. Me'court
o%vERRuLED TIE MOTION,
Judge PAUL saying that he was familiar
with the authorities and that he did
not deem the reasons presented by the
defendants counsel sulficient-to justify
him in granting a continuantcI
Until half-past twelve; when court adj
iourncd for dinner, drawing the jury
panel occupied all the time. Summons
we're issued Tor fifty men, and NJ. J..
ONeill, J. R. Jefferson, D. C. kurner,
Jacob Keller, Elmer Nichols, Louis
Newman, A. ]. Seamon and W. r.
Crunme were the first obtained. To
get the other twelve to complete tho
panel OF twenty occupied solne time.
George Zoeckler and J. Taegart were
accepted, as was Antho Fisher: Fisher
and Zoeckler had formed opinions, but
thought they could give the prisoner a
ialr trial. W.. Long said no evidence
could change the opinion he had form
ed, and he was dismissed. Stuart Wal
lace and Charles Sample were accepted,
and Z. \. Schaefer, the next one exam
ined, was dismissed, as the opinion he
had formed could not DO changed. D.
T. S%talnaker entertained a prejudice,
but J.. NJ. Bowler, who had formed an
opinion, yet could render a verdict &C.
cordlns to the evidence, was accepted.
WI. McPhail saidthat he hadEformed
an opinion that could not be changed,
consequently he was dismissed. The
court had some difficulty in getting G.
+. Bremen to understand the questions
asked him; this gentleman understood
out little OF the English language, and
was, therefore, stood aside. 3H. D.
humble and ]. P. Eleinlinc each had
opinions, fixed onGs too, and were dis.
missed.
TIE PANEL FILLED.
AS j. I. Smith said he'could render a
ia'r verdict, having neither bias nor
prejudice, he was accepted. Charles
Alilmyer, Jacob Loos and Lawrence
Wehrel had fixed opinions, and were
excused from serving. 7. w. Weitzel
and John Walford were accepted. A.
u: Lemon and q. G.. Busbey were dis.
missed, Mr.. Busbey's fixed opinion
was particularly strong, so much so
ulat he would have found it difficult to
aoandon that opinion, even though tcs-
Ilhiory directly contrary to the preju.
1!ce conceived were presented. L. II.
NORRIS had formed and expressed an
opinion, but as he said his opinion was
atAenab!c to tho law and evidence. he
SAs accepted. L. II. Helmbright,
Joseph Lawson and John Corcoran
were excused, as they had fixed opin.
M.9hs' which to r6move would REQUIRE
me strongest kind OF evidence. W. F.
Lindsey was acceptedand the full panel
VI twenty, was completed.
Inc court, tho attorneys and the
spectators breathed ircer-the most of
MSwork toward securinga jury had been
zone md it only remained tor counsel
On the opposing sides to strike off eight
lanes to secure a jury OF twelve.
;uuSe PAUL asked the panel, if any Of