The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-02-03

q. Yen viii please from your rec
ord or from your WI remembrance
and belief state 70 the Jury whether
o. not the Grand Jury Of the County
Of Berkeley was sitting in elaboration
on sueh matters as might come before
them al that time.
4. Yes, sir.
q. III what County and State was
this
A Berkeley county, West Virgin
ia.
Q. You will please state whether
or not as clerk Of this Court you adj
ministered an oath to Mr.. Edward
Murphy and sent him before that.
Grand Jury to give testimony on that
case.
A. That Is what the record says, /
cannot remember personally.
q. The record shows that
A. Yes, sir.
Q. It was in the same County, was
Iitf
a. Berkeley County, West Virgin
ia, yes, sir.
Defendant asked for exclusion Of wit
nesses in the case.1
Cross examination BY F. Vernon
Alcr, Esq.
Q. You are the Clerk OF the Circuit
Court Of Berkeley County, are you noti
"A. Yes. sir.
q. In the summoning Of witnesses
before a Grand Jury, upon whose au-
thority is that done.i
A. BY the prosecuting attorney
alone.
q. Who was tile prosecuting attor-
ney at that timef
A. Mr.. Geo. Feidt.
@. He authorized You to summons
Mr.. Murphy, did he mott
A. He did.
Redirect BY Mr.. Pitzer.
Q. Was the name Of Mr.. Murphy
handed to you by Mr.. Felt in person
Or BY some other onei "A. Ihaye no
recollection except as to the general
rule. know from the general rule.
q. Has that rule always been car
ricd out since you have been Clerk Of
this Court Z Al. Yes, it has | have
to have authority from the prosecut-
ing attorney.
@. Did you have any writing from
Mr.. Eeidt I ii. / think, sir. his name
appeared on the list that Mr.. Feidt
sent me of witnesses he wnntcd
@. Will you state whether Or not
Mr.. Aler handed You that namef
a. He did not he handed me
names which refused to summon un-
less the Prosecuting Attorney authori-
lied me to do 50.
Q. Was the name Of Mr.. Murphey
among them Z a. do not know.
Mr.. H. I. Cnshwa called for the
State, sworn.
DISCRIMINATION BY States Attor-
ney.
q. State whether or not you were
a member Of the Grand Jury Of this
County on or about the 18th day d
last September
A. Yes, sir.
Q. What position as Grand juror
did you hold "A. a member
Of the Grand Jury.
Q. We're you foreman Of the Grand
Jury 4. No, sin.
G. Do yon have any reccollectior
Of the person, or defendant, over there
appearing before you to give evidences
A. Yes, Sir.
Q. Please state to the Jury what,
if anything, you remember of that testi'
mony. a. / cannot give his evidence
verbatim. The sum and substance
was about this: That while he was
unhitching his team he saw Mr. Evans
right outside Of his fence on the show
grounds, near the Cumberland Valley
r. r. give this boy Yeney q pistol and
told him to shoot the first damned
Snowman that crossed his ground.
@. Who was it that was supposed
to have used this language
n. Mr.. Geo. F. Evans.
@. To whom was il addressed. "a.
To this boy Veney.
@. Where was this testimony giveni
A. Before the Grand Jury.
Q. What County and STATED A.
Berkeley County, West Virginia.
@. You will please look at this pa
per and sec If this Is the indictment
to the best Of your knowledge. Shows
indictment). a. II was something
similar to that.
q. Do You recognize the name at
the bottom Of the indictment I
"A. Yes, sir.
q. What position did that gentle
man hold at that time on that Grand
i Ts.0 ..