The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-10-06

ed there was no grouud for q change OF
venue
I'm this case the court held that the
motion .hnu,d 20 Over unit, after an at
, trirj,t had been made 70 sel"ct Il jury.
Qualifying on their N"lr dire. Il jury
Was obtained. Conviction followed and
:i,e defense took ,h"ir motion i'r
change OF vcuuG L. 10 supreme ""irt
Of ap;",us when the lower trihImLi Eril
/ that because q jury hHd qualified ih"re
could ne no reason for - caLnSr or Jur-
lsdirt!nn.
Court Reversed.
The supreme court states n m oVln-
! i0r written by the stnre"t JudE" hrah-
nrn that this procedure wrn't'du. lhHt
oI!TiOa sets forth that tk"re Is Such
thing as public sentiment. Influence al
lent but potential which may perNade
and prejudice the jury. and IN this lar
! ticu!ar action the decision Of the lover
court was reversed.
/ In this case the most potent or Rll
J influences has taken up the rudge! Inc
: rresS has caused this prcyudi"iai fecunS
! amt Il has awakened the people t" the
belief that these defendants arc guilty.
/ Organ!2a ti"us. r,cn though they ma!
| be most fa!r-ninded, have fallen line
: ivusiy reported by the press =" that
. facts favorable 10 our clients were MN
! !m;zel and those against us eNaxErr,,
atcd. Skilfully done this has arouS,i
public sentiment an;agon!stiG to th'S
group OF indicted city officials.
/ Public sentiment. Your Honor. doesn't
always make itself evident In the OK
aminatiuns OF n vcn!re Cor the Jury box.
II this court room were packed 10 me
doors by huge bitter crowd and the
halls were crow dcd with others anxious
70 enter thar they might hear the SEN
satiunal trial OF = man for whom thcv
had the most unkihi feelings, their
prejudice would pcrn"ate the jury and
IN" attorneys and the witnesses and
CIV" o'Br1.n welcomes Trial Here.
! At this point the noon adournmc"'
There was hut one BIZ OF feature testI-
mony in the morning session. Attorney
Joe O'Bricn. when put on the stand
again testified that he did not want 4
! ,.hanre Of Venue for himself He .ndl-
,",,eh also that he believed Manager
, IT, L. CraGo would decide against asH-
! ing that his case be taken o2isId" OF
/ Ohio COUNTY This makes II apparent
! that the granting ct the motion for n
! change OF venue viii result n h'Fricn =
! case coming before the court first. what
the defense has always desired. The
! s,arn fought muvo tn place him on
t trial first when the case was called IN
! criminal court after the indictments
wcr" mad" public and II was only Win
considerable difficulty that arrange
mcuts were finally made I" give him
! the second open date. Efforts on the
! mar, % tho dcfOnSe tn move the Thomp-
! son trial hack and open up the way &"
! OBrien's being given tho ttrst trial date,
II Is because Of the possibilities or the
: Thompson case that the state desires TO
! hu!d back tn" O'Rricn trial.
| There Will probably be an immediate
! decision In the motion for change or
venue Both sides are anxious 10 have
! the argument settled as soon AZ pos
! slblc because of the bearing II wi! have
/ On tho trial Of tho cases. Judge Alan II.
! Robinson has Srom!scd an early de-
,.ision and may hand II down imme-
/ dlatcly after the completion or the argu-
! mcnts.
The first move at this mornings SEES
sion consisted Of putting pr. Orion
! Hcdrick on the stand for cross-exami-
nation He had signed an affidavit that
! tho defendants could not secure fair
tr!al IN Ohio county, and was then asked
' to appear to give the states attorneys
: Il chance to examine h!m. lie alleged
, that nifty persons IN ohio county had
It'd him that the defendants could not
secure an. impartial trial. Attorney
! CuuiE, who WAS conducting III" cxarn!-
I nation. asked II the witness had or had
not heard any dcnunciatinK dcClara-
: lions. He replied that he had heard
! statements to tho erect that the de-
| PENDANTS should he in the pcnitcnt!ary.
| on further questioning. he said that he
! couldn't remember names, incidents or
! exact happenings. but declared that he
{ had signed tho affidavit because no be-
! ticVcd X correct.
! "Iiave you formed any opinion" tho
attorney asked. and after objections
we're overru!cd. and after much boring
; on the part Of the special prosecutor.
he stated that he was ,r"iudiced
. against Thompson. Ills reasons Tor
| having formed these beliefs. he said.
were tie newspaper accounts nnd the
activity of prominent men who arc
! among tho members OF the Committee
! Of One Hundred.
The defense attorneys were Directing
, 10 every question OF Attorney Consff's,
and rs the Cour, Insisted on the answer.
saved the point by exceptions. y Sc
J verb gr!lllng was started when DIR.
Ncdrick stated that he had heard state
/ mehts that crooked work" had been 60
,ng on. made by people who claimed TO
know.
TIE result that was finally reached
, by ~" cruSstre Of queries was direct
answer Ly the witness that ne couldn't
| ''rcmembrr.
gYou conclude your affidavit by saying
that tho newspaper publicity would pre-
vent 4 fair trial ha;e." said Mr.. Conifr.
Tho witness replied that the pub
lic!ty and ";hc advertising OF the case
Ivy the new ~iGtrerH and the number OF
persons whose minds are fixed by them
! Will prrNrn: / FIR trial
You sum UP your affidavit by
charging all OF this condition TO the
affidavit. IL TINT rlght?"
j. There arc other reasons People in