Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-02-13

| cause ne cOutC not say ne could lay JnaL
| opinion aside and not be governed or infiu-
enced by it. The very fact that Juror Rob-
inson could not. remember his expression of
! opinion showed that it was of no impor-
| lance, and that it made no lasting impress
| sion upon him. He had forgotten that he
had ever made use of the expression, and
said so, and, in addition, swore he could try
the case according to the law and the evil
| dence.n
The Captain read from the syllabus
( of the Mcdonald case, 9, w. Va, to re-
| flute the argument of Mr.. Sommerville,
| holding that in matter occurring before
the swearing of jury, there could have
been no injustice to the defendant. In
! the Mcdonald case, Juror Chamberlain
| SwOre he was not a member OF the
| grand jury, when as a matter OF fact, it
was discovered, after the rendering OF
the verdict, that Chamberlain had not
only been a member Of the grand jury
| which framed the indictment, but had
| voted for the indictment. This formed
| the second bill of exceptions in that case.
"But vet it was not grounds for new
trial, because the Court laid it down that
| If, after an examination of the whole case,
! the Court found no injustice had been done,
| there ought TO be no retrial. The injustice
| must appear clearly. before a new trial can
/ be ordered. If the verdict rendered is sup
ported by the evidence, the verdict must
stand"
These conclusions OF the Captain were
supported by citations of numerous cases
in Virginia and West Virginia.
1T must appear that Robinson serving
| upon the jury caused an injustice 10 George
| l. Garrison, and that his verdict would not
have been rendered by another in his stead.
| IL must affrmatively appear that the de-
/ Tense has suffered actual injustice, not that
he might have suffered injustice. In any
| other event, the assertion Of the defense
\ can have no weight. A mere assertion OF
an expression of opinion amounts 10 moth
! ing. l will say here, and / speak for my
| colleague as we'll as myself, that if it was
| apparent that any injustice had been done
| in this cause, we would consent TO new
| trial, although it would be a long and ex.
| pensive litigation, but there is nothing OF
! the sort apparent, and we do not believe in
| trying case to the newspapers rather
than upon the law AID the evidence"
Proceeding, Captain DOvener referred
! to the Strauder case, when j. IL. Stamp,
a subject of Queen Victoria, sat upon
| the jury and tried the case. The fact
was not known until after the verdict.
"And will show, further along, that
| the affidavits filed in that case were
very different from those filed in this, and
| yet the Supreme Court, following the lines
| laid down in w. Va. refused new trial. !"
The Court did not understand re-
mark made by you few minutes ago re-
| garding newspaper trials
! Capt. Dovener-I refer to a publication
| in the EUeHiRg NeLUS, few days ago, in
| which it said that the reporter had met
| Col w. w. Aruett; that Your Honor had
! fixed upon time TO come down; that the
! Court had about made up its mind, and that
| the defense were willing to let the case go
| without argument. That's what | re-
ferred to.
| Col. Arnett-That l ever told any news
| paper man any such thing is UNANIMOUSLY
/ false. l was asked when Your Honor
would come down, but nothing more.
! Capt Dovener-I am glad 70 hear Col.
ArnetJ say so, and l believe what he
SAYS. But some one wrote that ar
| ticle, and l will say that 1t is
improper, and if sat upon the bench L
would institute an inquiry as to who wrote
| IT, and would take care that justice be not
| forestalled or influenced in that manner. l
am glad your Honor referred to il.
Col. Arnett-I never gave any reporter
| any such statement, except as have stated.
! Can't. Dovener-f believe you, but the
matter followed in right after something
! you did say, and it was misleading, appear
| ing 10 all be the same sort OF thing. More
care ought TO be exercised in talking about
such matters; we, on our side OF the case,
have been especially careful, and no re-
porter has sought to interview lne.
The Court here said he thought it hardly
! necessary TO say that if he had made up his
l ha ,vrn,tlA bpUn int m tod
any one. He had not spoken OF his views
! regarding the case to any one alive.
MIR. Sommerville then followed in with
remark about Capt. Dovener's interest in
| newspapers.
Capt. Dovener-Well, l may have an in
| terest in them, but it scarcely amounts to
the interest shown by you not long ago.
Mr.. Sommerviue-What do you mean by
| that.
Capt. Dovener-I mean that you were
member of the Board Of Regents, the
| brother of the editor Of Wheeling news
| paper was candidate for preferment be-
| fore the Board and about every day that
| paper was full of interviews, along last
summer, about this case.
MIR. NEUTRALITY-SUSPICIOUS. with
| whom.
Capt. Dovener-With you and Col. Ar
nett, about this case.
| MIR. Sommerville-If you mean to say
| that l was influenced
Capt. Dovener-I mean to say nothing.
| If meant 10 say anything, / would say it.
Mr.. Sommerville-l was not pr esent at
| that meeting.
! Capt. Dovener-You chose TO refer to
/ my newspaper interest," The fact re-
mains that the brother of the editor of
| Wheeling newspaper was candidate for
preferment before Board of which you
| were a member, and he got the preferment,
] and that you were frequent cOntri butor
| to, or were frequently quoted in, that
paper. And l want to say here, that this
| thing of newspaper influence in the matter
| of criminal trials ought TO be broken up.
| They refer almost constantly TO 1.-The ar.
rest Of thief or the "arrest of MUIR
! derer," without any evidence TO show the
| truth OF the assertion. l have no objection
! TO paper saying man is arrested
| charged with murder, but the other ought
! TO be stopped.
After a little more sparring between
! Captain Dovener and MIR. SOmmerville,
| the Court shut off the debate, and Cap
tain Dovener proceeded with his re-
| view OF the Strauder case and its bear
! ing upon the matter at bar, reiterating
| that it had not been shown by the de-
| Tense that any injustice had been done
the defendant. Captain DOverner read
the examination OF Juror Robinson on
May 4th, showing he had answered the
Courts questions satisfactorily, and
that Colonel Arnett was satisfied,
but on May 18th something else hap
pened.
and men do not act without motive.
! On May eth, Col. Arnett asked Juror Rob-
| inson:
Q.-You said, I believe, you had never
expressed an opinion in this case, didn't
: YOU! Ayes, sir