Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-12-07

A Jury Was Finally Sseure1 in tho
Murder Case

or State vs.. Wylie W. Bowers.
Last Night-The Jury Sworn and
the Opening Statements Made
by Counsel The Taking Of Evil
dence Will Commence This Morn
ing.
The trial OF Wylie w. Bowers, for the
murder of Henry Kiel, about noon on
the second day of November, 1896, was
commenced in the Criminal Court,
Judge Hugus, yesterday morning.
Messrs. M. F. Dryden and Charles J..
Schuck appeared for the defendant,
while Prosecuting Attorney w. c. Mey-
ers and Hon. ]. B. Sommerville repre-
scented the State.
The work of securing the necessary
panel of twenty fair men" was COM
menced very promptly, and when Court
adjourned at noon the progress had
been such that nineteen competent jur-
ors had been selected, as follows: Will
liam Reitz, H. ]. Mendel, w. C. Hanes.
James E. Hanes, j. E. Potter, Joseph
w. Bier, William Hervey, George HaW-
kins, Albert Stole, ]. I. Stone, G. H.
Medick, B. w. Pell, CharAes H. Hen
mig, w. c. Jones, John w. Norrlngton,
John A. Smith. Jr., James White, j. M.
Dunlap and G. c. Harry.
There was very large audience pres
ent during the morning session and
when Court opened in the afternoon
every seat was occupied and dozens OF
people were standing in the aisies,
showing great popular interest in the
case. Many Of the spectators. were
from the country, and quite number
Of ladies' were present in the audi
ence
Court reassembled at two o'clock, and
the questioning of talesmen was re-
sumed, John Reed, the thirty-seventh
man, being first INTERCEPTED. At half
past two the venir of talesmen was
exhausted, and deputies were sent out
after additional citizens. The first who
appeared after the delay was Henry
Merkel, who was excused. Then there
was long wait until after three o'clock,
when F. S. Basnett was Intercepted
and who was accepted by the Court
after having been challenged by the de-
Tense, and the panel of twenty stood
complete.
The usual form of interrOgatCry by
the Court as to whether any of the
twenty Jurors had conscientious scru-
pies again capital punishment disclosed
that Messrs. John w. Norrington. j. E.
Hanes and w. C. Hanes had such scru-
pies, and they were at oace excused,
this reducing the panel to seventeen
men. and making further examinations
Of citizens necessary. Deputy Sheriffs
were at once sent out, while the Court
settled down to another wait.
During these preliminary proceedings
the defendant sat next to his counsel
near the extreme northeast corner of
the Court room, and appeared to be
about the most se,f-possessed man in
the house. He was attired in an ap-
parently new suit of clothes, and gazed
about the room with about the same
amount of interest shown by the casual
spectator who had just dropped in to
see what was going on. He had moth
ing of the criminal in his appearance,
and was apparently wholly innocent or
dlLOSGlHG1 W AIo lGtC, II
guilty.
The Sheriff then resumed his efforts
to bring in absentees, but again there
was tedious wait of fifteen or twenty
minutes, ending in the appearance OF
NJ. " Jones, who was excused on ac-
count of his crippled condition.
This third venire facias was then
drawn by Judge Hugus and Clerk
Wilson, with the hope that the names
drawn might be those of persons easier
to find than those that made up the
second venire facias
At APO o'clock Sheriff Richards an
nounced that witnesses present in the
court room were excused until O'Clock
this morning This was taken as a sure
sign the jury would not be completed
and many in the audience departed.
At 4:30 w. S. Melton appeared. He
was Intercepted by Judge Hugus and
felt no prejudice. To Mr.. Schuck, Mel
ton said he held an opinion which ht
might not be able to change when the
testimony was heard. He stood aside
Lee r. Hamm followed. He had ex
pressed an opinion and was afraid hi
could not give the defendant fail
trial He was excused.
Peter MUM next appeared His was
case of prejudice against the prison
er, so he was excused.
Andrew J. Seifert felt no bias or pref
udice against the defendant. He coult
give the defendant 2 fair trial and hoe
no scruples against capital punishment
Seifert WIS No. Is.
u. M. Heryey held an opinion which
might make him unable to give the de
PENDANT a fair trial To Attorne.
Schuck Mr.. Hervey said it would re
| quire evidence to overcome his opinion
already formed. He was excused.
Albert L. Meyer felt no bias or pref
udice. He had not read Mondays In
! telligencer. 1t would require evidenc
| to remove his opinion. The defens
| challenged. Meyer was excused whel
he stated he could not lay aside hi
! opinion.
Harry E. Hillman felt no prejudice
| He had formed an opinion and though
he would be unable to give defendan
fair trial. Like hundred and on
| others. Mr.. Hillman '.stood aside
William A. Miller felt no prejudic
or bias He had not formed an opin
ion as to defendants, guilt or limo
cence. He had read the newspaper &C
| counts. but could give the defeldan
fair and impartial trial. He had n
| scrup,es against infiicting capital pun