Marietta daily leader. (Marietta, Ohio) 1895-1906, 1898-08-25

discharged on the ground of an opin-
ion formed which he could not lay
aside.
John T. Bell, being a public officer,
a member of the Board of County
Trustees, was excused.
Geo. F. Reed has formed an opinion
in the case which he could hot discard.
A. G. Stephenson was discharged for
cause.
Daniel Rech was excused by defense
on preemptory challenge.
Geo Hadley was called, but was not
examined as the hour for the noon ad-
journment had arrived and court ad-
journed until / o'clock after instruct
ing the Sheriff not to allow any one
to talk to the jury and for them not to
talk among themselves on or about
the case.
Promptly at ! o'clock the court was
called to order and the prisoner took
his usual place.
Geo. Hadley was the first juror call
ed. He claimed that it would take
great deal of evidence to counteract
the opinion he had already formed.
He was excused.
L. d. Hopkins was excused on pre-
emptory challenge by the defense.
Sandy Blue was discharged because
he had formed an opinion.
Jeff Morrison was reported not pres
ent in answer to his name being called.
The court ordered him found and
brought in, a recess being taken until
his appearance. The deputy sheriff
was sent to find him, but Morrison re-
turned in his absence. He was brought
before the court and found in drunk
en- condition. He denied being intox-
icated and was ordered searched by
the Sheriff, who found a bottle of
whiskey on his person. The Court or
dered the Sheriff to take charge of
him until such time as his case could
be properly attended to.
Thos. Cleary was then called and
qualified, he making the twelfth and
last juror.
Here ended the work of selecting and
empanelling twelve good and true
men who will hear the evidence and
decide the fate of Morgan McSweeney.
The jury then, after being carefully
and thoroughly cautioned as to their
duties, left the court room to visit the
scene of the crime that the evidence in
the case might De more easily COM
prenended. At 2:30 the jury in charge
of Sheriff McAllister left for the scene
of the tragedy, accompanied by Prose-
cutting Attorney Brenan, for the State,
and Attorney Ellenwood for the de-
fense, together with the representa-
tive of the Leader.
They visited first the church where
Mason and the girls attended church;
then to Mason's home, along the rail-
road track, where the parties walked
on that fatal night; then to Pearl
street, where they turned down, and to
the corner where the murder was
committed. The Johnson house, into
which Mason was carried and in which
he died, was pointed out to them, as
was the home Of the McSweeney girls.
on Stone street, and that of Dennis
on Ward street. The Jury
also visited the Roney blacksmith
shop, where McSweeney lived at the
time the crime was committed and had
pointed out to them the wagon-bed
which McSweeney used for a bed and
the scanty furnishings of the place he
called home.
After going thoroughly over the
ground the jury returned to the court
house, where after a short rest the
State commenced the reading of its
case to the jury. The Prosecuting At
torney stated to the jury that they
would attempt to show the defendant
guilty of murder in the first degree
and would present evidence which
would prove their point. He went
over the story Of the crime which is
we'll known to all Leader readers.
Ellenwood, for the defense, then ad
dressed the jury. He stated that the
defense would attempt to show that
Morgan McSweeney was not guilty of
murder as charged in the indictment.
During his statement he stated that
one of his lines of defense would be
self defense. During a disagreement
of the counsel as to certain rulings.
Mr.. Ellenwood refused to continue his
statement and took his seat. The
court ordered the stenographer to en-
ter on the records that he objected
only to certain grounds of his state
ment and the counsel for the State