West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1897-11-04
OPINION OF ENGLISH AND DENE
In The Case OF Robert W. Eastman
Against Judge Holt-A Document
Remarkable For rhe Plainness And
Force or Its Wording.

Charleston, w. Va, Oct. SS. In
the case OF Col. Robert w. Eastman
vs.. Judge j. II. Holt, OF the
Tucker county Circuit Court.
judges English and Dent handed
down decision favorable to the
plaintiff which certainly speaks
quite plainly and leaves no doubt
OF tho light IN which these MEM
bers Of the Supreme Court see the
acts of the defendant, Judge Holt.
One OF the most noted cases in
the criminal annals OF the State
was that Of Col. Eastman for the
killing of Frank +. Thompson in
Tucker county last spring.
The case came before tho Su--
preme Court. Col. Eistham asking
for writ Of prohibition restrain
ing Judge Holt from trying him,
on account Of error and prejudice
shown. When the decision was
given thore were two fayoring the
writ. viz: Judges Don't and Eng.
hsh, and two opposing, viz: Judges
Brannon aud McWhorter.
Robert w. Eastman, petitioner,
being in custody Of the sheriff of
Tucker county on accusation of
felonlous killing of one Frank Il.
Thompson, the grand jury, at tho
June term of the Circuit Court Of
SAID county, after Investigating the
charge, returned an Indictment for
manslaughter. The prosecuting At.
torncY bong Of the opinion that
the prisoner should be Indicted for
a higher offense, with The consent
OF the presiding judge entered Il
nolle prosequi. The prisoner there
upon moved his discharge or ad-
mission TO bail. Both motions
were over ruled. The Judge di-
rectcd the drawing and sunmoRing
Of another grand jury for the pur-
pose OF considering the matter at
an adjourned day of the term.
This grand jury being duly sum
moncd and cmpancloa. tl,c Judge
charged them AT some lcugth to the
effect that. II "a homicide was showa.
the iary should return an indict-
ment for murder, aud leave Tho de.
grec OF the uGcBsc committed 10 be
determined by tho peti: jury, con-
trary to Sec. /, Chap. IA OF the
Code. Homicide was admitted.
but claimed to be justidiJlo one.
Before the i1ry had rcaohod con
clusioa and while halting bt,wcen
Two opinions, undoubtedly occA-
stoned by the erroneous chnrge Of
The igdge. hc. instead of clrrrcting
hts error. uncercmoni0usly die
charged them as "a DIS ,grculug jury.
lie Immediately ordered third
grand jury 20 DO drawn aud sum-
moncd 70 future day Of the term.
and one HAllcr-uot a regular
deputy--was appointed at ms in
stance 10 assist in summOuIug the
same.
con the return dty fifteen Of
the grand jurors appeared and the
judge proceeded to examine them
on tncir yOIr dire, and accepted
such as were satisfactory, and re-
jec'ed such others, five ia number.
though legally qualified grand
jurors, who Tor some reason not
disclosed by the record, aud known
only to the judge, were not s4tis-
factory TO him. lie then caused
an order 10 be entered directing che
sheriff to summon six others not
drawn from the Jury box, end yot.
as shown by bis answer, hc did not
permit tho sheriff or one OF hls
deputies 10 execute this order. bat
orally commissioned said Haller 20
execute the same. The Jurors SUN.
moned we're acceptable. Having
had them duly sworn, he then pro-
ceedod 10 deliver lengthy, argu-
mentative charge, which was %
the effect that, If + homicide was
established by the evidence pro-
duced before them by the State. DO
WAS their duty, without calling for
other witnesses or further iuvcstl-
gitiOE, 20 return an indictment for
murder, ana allow the petit jury to
determine the degree OF the oGeuso
committed. lie then placed the
alleged grand jury In charge Of thc
sheriff, and would not permit them
20 separate or communicate with
anyone until they returned an in.
dic5meut for murder. and received
the thanks Of inc judge and their
discharge. The Judge admits tho
Truth Of this statement, iD sub
stance, as set forth, but iustifes
bis course on The ground that BE-
VIA necessary 90 obtain au imp4r
tial grand jury and prevent 10 from
being uuduiy Influenced Jy out.
sido pressure. 10 is manifest from
this that an impartial grand jury
meant one that would fud 900 iH
dio'ment FOR murder, bra accordance
with the evident desire ofthc Judge.
as howu by bis several Instruction