Martinsburg independent. [volume] (Martinsburg, W. Va.) 1875-1900, 1898-02-05

tin became, in fact, SO careful that he
persisted in asking the same question
several times of the same juror as to
whether or not the juror could give an
impartial verdict on the evidence and
untainted by any previously formed
opinion. Judge woodward had patient
ly listened to this sort of thing for two
days, and when one of the jurors was
being examined by the district attor-
ney he sharply broke in:
"Mr. Martin, you have asked that
question several times already. The
juror has already answered it. Here
after I hope you will be satisfied with
one response"
The judges words were spoken with
an asperity unusual to him, and it was
evident that he was a good deal an
noyed. But the district attorney was
imperturbable, and he simply abandon
ed the Objectionable question and went
on with something else.
Before the opening of the trial on
Tuesday District Attorney Martin made
the rather startling announcement that
he desired to- nolle pros the cases
against IA deputies. The district at
torney explained that the common
wealth had found that these men were
not present at the scene of the shoot
ing; that it was useless to try them,
and that their remaining. on the list of
indicted would only complicate matters.
The court granted the motion, and this
left SO men, including the sheriff, to
stand trial.
The array of legal talent is most i'm
posing one. : FOR the Jvfcnee there are
seven men-W. Palmer, ex-state attor-
ney general; John T. Lenahan, famous
throughout the state as criminal Law
yer; ex-State Senator c.. w Kline,
George S. Ferris, George Troutman,
George Urquhart and f. w. Wheaton.
Wheaton, Palmer Ferris and Urquhart
are corporation lawyers, and are sell
dom seen in criminal cases.
For the commonwealth are District
Attorney Martin, his two assistant at
torneys, M. H. Mulhall and Rush Tres
colt, and the private counsel engaged
by the prosecuting committee. James
Scarlet, of Danville; John McGrahren,
John M. Garman, chairman of the Dem
ocratic state committee, and Frank
Laughran
One of the most interested spectators
at the trial is Rev. G. Aust He was
the pastor of most of the men killed.
and officiated at their funerals He also
attended the injured. He is an i'm
portant witness for the prosecution.
The prosecution committee, which has
its headquarters at Hazleton, claims to
have sufficient evidence to convict Is
of the defendants. 1t lis alleged that
every one of the Is made threats on the
morning of the shooting. 1t is claimed
one man said: II would like to get a
chance to shoot down some of the id
foreigners" Another is reported to
have said: II will help fill them full
of holes; the country would be better
off without them
It is also claimed that Sheriff Mar
tin had an understanding with the
deputies. 1t has been claimed all along
that the sheriff never gave the order
to fire. The prosecution say this may
be true in one sense of the word, but
the sheriff gave a signal which was
just as effective as word by mouth
order. The signal was for the sheriff
to pull his revolver The instant he
did this the posse fired, The lawyers
for the defense say no witnesses will
be found to testify to such facts, but
the attorneys for the prosecution say
there will.
The crush at the trial this morning
was greatly reduced, owing to unusual
precautions taken by the tipstaves,
under orders, to keep out all except
those directly interested in the case.
The idle curiosity seeker is therefore
having a hard time trying to run the
gauntlet.