The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1912-03-12

when the cas- wa called yesterday
morning When the docket vas cali
cd Friday morning tn case went
over To yesterday on account OF the
aosence OF the prosecutor. He was
present In court yesterday and when
the case was called Mr.. Boycs Inn
mediately started his argument for q
nolle OF the Indictment or q definite
date Set for the trial. This was op-
posed by Mr.. Handlan who desired IL
passed until q later date and this
arousd the ire Of Mr.. Boyce Who
said:
This case was tried In January OF
1911 and resulted in q mistrial and
since that time IL has been passed
from term to term and I think Il In
now time something was done In the
matter. We are not after q new
trial. but insist on the prosecutor mol
Icing the Indictment.
Mr.. eoyee's Statement.
"I do not think that a jury could be
secured in this county to try this
case. as every man. woman and child
has formed an opinion In the matter.
The case couldn't be tried In another
county without the consent of the de-
PENDANT and all things considered, l
can see nothing but that the prosecut-
ing attorney nolle the indictment"
Mr.. Handlan replied with some
warmth and said: The court had
heard the evidence In this case and
some Of the ablest and most respect
ed physicians Of the city testified
that Mr.. Schenk was poisoned with
lead and arsenic. You also heard the
testimony that Mr.. Schenk was in
good health when he was in Europe
and after he returned home symp-
toms Of arsenical poisoning developed.
The defense alleged there val q con-
spiracy but there was nothing In the
evidence to show II. There was no
evidence to show that the defendant
was innocent and for this reason I
think the case should not be nollied
at this time.
Mr.. Handian's Reasons.
81 am not saying that the Ease viii
be tried. There are witnesses who
are sick. and one in particular. that
would prevent the trial at this time.
With all the witnesses present, It is
probable that a trial could be had. !
can't see my way clear to nolie the
Indictment at this time. and ! ask
that II be passed. The defendant is
not confined In jail. and the passing
OF the cas would not work any hard
ship In that direction. She was re-
moved from jail at the request and by
the permission OF the State on her
own recognizance.
"If the court orders a trial the State
will get ready. but I doubt II II could
be tried at this term, as there are
cases set up to April s. and as the Cir
| cult court will be on at that time II Ia
likely to cause some Inconvenience
Nineteen days were required to com
plete the case before. and I expect II
would require equally that much time
In securing a jury for another trial"
Mr.. Boyce then took a fall out oil
some OF the testimony that had been
presented for the State. as well az
some OF the witnesses that testified
and concluded by saying:
Boyoe Comes Back.
There Is no intention OF prosecu
ting this case. The reaso why the
prosecuting attorney does not want
TO nolle the Indictment at this time is
because there are two circumstances
current. First. there is a divorce &C
tion pending. and. second. there Is an,
other action IN court. II these were
out Of the way there would be nc
question about nolleing the indict
ment."
The court stated hat II II was the
will OF the attorneys that the case
should be tried II would have to be
! set for after April s. as the docket