Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-07-22
4 REFUSE 70 ANSWER. :
Mrs. Parker a Second Time Refuses to
Give Her Testimony

Tive Her testimony
IN THE DRMLER MURDER CASE
AND is AGAIN SENT TO JAIL
FOR CONTEMPT, ONLY FOR A
| LONGER PERIOD THAN FORM
ERLY-GAVE THE SAME AN
| SWER TO THE SAME QUESTION
| HEARING CONTINUED UNTIL
| AUGUST %.
The preliminary hearing of joseph
| Driller, charged with the murder OF
| Louis Dittmore on July 9Th, con-
| tinued from July 14th, was held in the
| Office Of the county jail yesterday
| morning at 10 o'clock before Justice
Rogers. The same scene was enacted
as on the occasion of the former pre-
| liminary. Mrs. Parker was immediate
ly Put ON the stand and the other wit
nesses excluded She again refused to
talk, and was again committed to Jail
for contempt, only for a longer period
than formerly. On the stand, during
the arguments by the attorneys, she
was very nervous, for the most part
keeping her gaze fixed on the floor and
| nervously playing with her handker-
chief In jail during the past week she
has been very restless, eating and
sleeping but little. Her determination
to keep silence does not seem to be
shaken by her confinement.
When the defendant, Driller, entered
the Office he appeared cool and at his
ease. He greeted Mrs. Parker, and en-
gagged in conversation with her until
the hearing commenced.
Shortly after 10 o'clock Prosecuting
Attorney Myers and Lawyer j. B.
Handlan arrived and the hearing was
begun. All the witnesses with the ex-
ception Of Mrs. Parker, who was put
on the stand, were excluded. Mr.. Ny
ers took up the examination.
"Where were you on the first day OF
Il refuse to answer" was the reply.
At this point the arguments were
taken up by Mr.. Boyce, for the defense.
In the first place the defense, as form
erly, objected to the witness answering
the question, as doing so it would
tend to convict her of the crime. AS
there no law which compells person,
by his or her testimony to convict
himself or herself, the defense could
not see why the witness should be COM
PEELED to answer the question. Mr..
Boyce then read several sections CT law,
as authority for his argument. In clcs-
ing he said: at was upon this that
advised this witness not to answer"
Mr.. Meyers replied to Mr.. Boyce. He
said he thought that the Court had set
tied the question at the former hear
ing when the court had put Mrs. Par
ker on the stand. The State, he said,
had made an honorable promise to her
that no charge would be preferred
against her. The State felt assured of
the fact that she had had nothing to do
with the crime, and could therefore
readily promise that no charge would
be preferred against her. The only
question before them was whether or
not the lady is ready to answer the
questions which the State was going to
put to ker. Kindergarten methods had
been used so far and unless they ceased
the hearing would be continued for
ever.
We are not going to convict now"
continued Mr.. Meyers in closing. This
is only preliminary hearing. There is
plenty of time to convict before jury.
The prosecuting attorney has no right
to talk to any criminal. 1t is his duty
to summon them and put questions to
them. Nor has any court or attorney
any right to go to witness and tell
them whether to testify or not. 1t is
net right and l am not going to have
it."
In a reply, Mr. Boyce said it was of
no use to argue the point. He, too, was
satisfied that the court had rendered a
decision on the matter, only he would
continue to object to Mrs. Parker an
swering that question.
AS for my not having a right to adj
wise this woman said Mr.. Boyce,
whoever heard of anyone questioning
the right of an attorney to advise his
client? The idea is ridiculous. When
you have business with children you
must use kindergarten methods
This is all taken down. Mr.. Boyce
continued, "and will be used against
her in the criminal court
Mr. Boyce's reply was frequently in
terrupted by calculations from the
prosecuting attorney. In fact all the
arguments were nothing more than a
wordy war between the two.
Squire Rogers then addressed the
witness:
10