Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-11-25
AJORY TORY COL. EASTMAN.
-Four Suitable Talesmen From Among
the First Sixteen.

May Be Trouble Securing Twelve
Men to Try the Case-Remarka-
BILE Proportion of Candidates Do
Not Take Newspapers and Had
Not Read an Account Of the Trag-
edy - ALI Willing to Servo the
State Court Overruled All. Pleas
in Abatement Bill Of Exceptions
and Motion to Quash Indictment.
Special to the Register.
Parsons, w. Va, November "a
There was : nothing sensational to
mark the second day of the Eastman
murder trial.
It was devoted to the selection of the
jury. The little court room was
crowded, and Judge Holt instructed
the sheriff to remove all who were
unable to secure seats, while inside the
railing the ingenuity of the attorneys
was taxed to find accommodations for
counsel, jury and reporters.
When court convened Judge Holt
sustained the motion to reject the
pleas in abatement which were offered
yesterday.
Attorney C. Wood Daily gave notice
that the defense would prepare bill
of exceptions, and moved to quash
the indictment. In connection with
this motion he asked to have read the
record in all the proceedings in the
case, and in this matter he became
involved in a discussion on technical
points with Hon. John j. Davis, OF
counsel for the State, in which the
opinions Of State supreme judges in
the prohibition matter were COM
mented upon.
When the preliminaries had been
disposed of the prisoner was ordered
to stand up, the indictment was read,
and he plead not guilty.
Col. Eastman is over six feet tall,
magnifcently proportioned, and about
sixty years of age During his confine-
ment his hair, which formerly hung
to his shoulders, was cut, and he grew
full beard, making a very decided
change in his personal appearance.
He was comfortably dressed, without
any pretense of fashion, and looked
like an intelligent, substantial farmer.
AJudge Holt ordered the sheriff TO
BRING twenty OIL the forty-five candi-
dates for the jury, and the defense
asked that they be drawn by lot, which
was done.
The twenty who were so chosen
were nearly all farmers, and all who
were asked the question answered that
they had never read newspaper ac-
counts of the case. None was news
paper subscriber. Nearly all evinced
willingness, even anxiety, to serve on
the jury, and it was apparent, at an
early stage in the proceedings, that no
great difficulty would be experienced
in securing twelve men, though later
in the day. this face of the case
changed materially. OF the ten
examined in the morning, six gave
satisfactory answers, although the
State reserved the right to challenge
two of them.
Christopher Columbus Cosner, lum-
herman who wore a coat of many col
ors, could not remember certain state
ments he was alleged to have made,
consigning Thompson to the place
where all infidels are supposed to go,
and some time was consumed in the
examination of witnesses who testified
to this fact.
The examination was conducted for
the State by Mr.. Howard. and for the
defense by Mr.. Mccormack.
At the afternoon session, the oppos-
ing attorneys stubbornly fought the
selection of two jurors. One was Cos
ner. whose answers were impeached
by two witnesses. The other was ]. B.
Flanagan, whose examination con-
sumed almost the entire afternoon
He admitted that he called upon East
ham in Jail and talked over the case
with him. After much wrangling, Mr..
Howard challenged him and asked
that he be summoned as a witness for
the State.
The four witnesses accepted were
George w. Jones, l.. M. Mailer, Albert
I Millar ond owls Cannon all farm
ers, all of whom stated that they did
not subscribe for newspapers and had
not read any public statements con-
Corning the tragedy.
Judge Holt announced that court
would not be adjourned for Thanks
giving.
Col. Arnett arrived about noon and
took Mr.. McGraw's place in the case.
b. & o. EARNINGS.