Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-04-10

The case of State VS.. John Mooney
and Frank Friday, indicted for the
murder of James Hervey, was called
in the Criminal Court yesterday morn
ing. The entire day was consumed
in securing a jury, but it was expected
that an even longer time would be
required. Ninety one talesmen were
examined by Judge Hugus and cross
examined by counsel, before the requi-
site number of competent jurors were
secured. Various excuses were offered
and accepted by the Court, some hav-
ing fixed opinions which the evidence
would not change, others have con-
scientious scruples against the inflic-
ton of capital punishment. etc.
The twenty jurors finally selected
were: John Cox, Henry Frohme, Ja-
cob Honecker, Frank Stanton, Law
renee Beth. G. D. Bonar, James
Creighton, JOS. Keates, w. c. Dick
man, Charles Heiser, Chas, Neuman.
w. H. Bye, H. ]. Felber, Joseph Yahn.
W. P. Higgins, Edward MUM, A. v.
Mcdonnell, O. L. Zane, w. H. Grade,
and Duncan Adolph. When it came to
striking the jurors, the State scratched
Mcdonnell and MUM and the defense
struck Cox, Frohme, Honecker, Creigh-
ton, Felber, and Adolph.
The jury which will try the defend
ants therefore consists of Frank STAN
ton, Lawrence Beth, G. D. Bonar. Jos.
Keates, w. c. Dickman, Charles Heis-
er, Chas. Neumann, w. H. Bye, Joseph
Yahn, w. P. Higgins, Q. L. Zane, and
w. H. Grade.
1t was after four o'clock when Judge
Hugus read his very explicit directions
to the jury, warning them against
talking to each other or to outsiders
about the case, or talking to outsiders
on any subject without leave of the
Court. He also informed them that
they would receive or write no letters
without his knowledge, and would be
permitted to read only such newspa-
pers as were furnished by the Court or
the Sheriff.
Before court adjourned for the day,
John A. Howard, who will assist
in the prosecution, suggested that a
special w. & E. G. car be secured, and
that the jury and Court officials be
taken out to the scene of the crime be-
fore the opening statements are made
this morning. The Court approved
the suggestion, except as to the time,
being inclined to hear the opening
statements first. Judge Hugus reserv-
ed a decision in the matter until this
morning, however.
The greater portion of the second
day will be taken UP therefore, in the
statements of counsel for the State
and Col. w. w. Arnett for the defense,
and the visit of the jury to the Hervey
homestead.
Judge Hugus and the Court officials
were very much displeased over the
premature publication in an evening
paper of the facts concerning the ar
rest of other persons believed to be
implicated in the scheme to rob James
Hervey. The facts have been in the
knowledge of representatives of all
the daily papers for several days, but
have been suppressed by a mutual
agreement, at the request of the au-
thorities. There was distinct UNDER
standing that the facts were not to be
published until jury had been secured
for the trial of Mooney and Friday,
but the evening paper broke faith, and
the Court says its representative will
be excluded from the court room dur
ing the progress of the trial.
The jurors who have been sum-
moned to attend the Criminal Court
to-day, were excused by the Court for
the remainder of the term.