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

b, given a tut ard impartial ti.'! "a
inis couuiv L.'.lus, 60: i''l"'o ~'"iim"-'
icing uguin>; h."- er' i'i ''''''\''H'
log, ""l! "i!:..'@- ! y tie a.; '.''" .'""-
ii ties" pa" r.
I; - ,,"ch1hI '"'t;."'" ."''
I"n!rt. I" ;h1nN t""i not '"h'" XIV
= 80 tw"atN-"!-ht M.th'>N'' '''' -.
IT,. '!r:'',S" f.: i!iS rH'''.c' "''
;.5'd i""-"n~ In Tvs '""i y '''N'"'' l..
.ury duty. stated thIt 'h''H ''"'"
I.,r tn" d-cr!.d1nt = fur ana 'h"ar '"'
rial! X * also lauEhah'e IN; p''>"
..:,,,... dir=s I"c ., c!"'".:' g! N""''" N''"
ever iart"d - this cas-. I'' S''',.,,
.,""'..H.- iv"'1"aS ;nr "'' g. 81
says " Il JurE cannon t' '''''' "
:, '"T'.'> - ~ aus NAV "''.
."G q S'"St'"''h! n"'' ho
"a.lcd zoe ."'F "',H' VIZ VIZ ,', rn,,..ro
Reeves ;'''t IL Wiz W.
\ i"rS, /" inca "'0"'S VIC '''' ''
ul@"r '"HHtv
ILh'. iur instance I,'N '''' 40
,.'l.UtN lea ar" aNal,ah'e i"T Jury ScEN
Ice. II after examining ZEN per ''hl O.
:hym and i jury cannot H i'FoS'I'"
from this number th'n thet" Is sn II,
Gent evidence Of ground Tor chahse o.
Nenue.
Aanalan hspnss'
Attorney j. y: Iiandlan In reply TO
Mr. t'or!ff'4 statement. and in support
Of thr motion FOR change OF Venue. sid
in part: My friend. Mr.. Conifc dos
no, mean what he has Just said. NJ
though he il one or the best orators In
Scs, VIRGINIA, ne knows better th&n
TO state that the acts of legislature eX-
ICED the constitution. He cannot pro-
duc,. any authority otherwise. and tn"
legislature has no authority TO 10 over
Tho constitution The action OF the
court OF appeal or this state or any
other state Is mandatory and cannot be
changed b. state Legislature.
Allsge Air II Poisoned.
There are two things that Il defend
ant is entitled to. ono Is i fair and
i,,n,rtial trial, while the second Is Il
clean and wholesome air In tho county.
In fact. the defendant is entitled 70 4
.horr,. in wanna to another county ny
the showing ~ facts as produced. I, Is
mn necessary TO show fuctS but. th"ro
ha4 .icvcr been another cas-" In W"St
SIrrinia where 80 many facts have ben
shaun In = case whore i motion Tor
change az venue has been asked az In
this' present case. and Mr.. tonlff VIII
have to arr,e with Inc. 1t would l."
Easy "a bring men In 20 say they coH'i
sive the drt"ndrnt fair trial. You
cannot c>r"rt /" bring witness IN
voIrt and have him say ne w"ulu my
xiv" a defendant q fair and impartial
TRIAL" lie then dweit at length on ~"
twruty-Cight witnesses who testified
,ha. they did not believe ThOmrS"n
wnuld he given fair and impartial
trial. stating thu, newspaper accounts
have poisoned the minds OF many pe"'
ple and that even the statement or tAc
Grand Jury criticized the city officials.
following the report OF their tlndinES.
He said time and money had nothing 10
do with this case hut il would not BE-
right to spend thousands ana thousands
~ dollars Of public money 20 arSu"
change OF venue and 10 on tria! An"
iat"r have the court Of appeals upSc'
His Hou"r'S ruling.
Court OvsrrulSs Motion.
Judge Alan II. Robinson In ruling ON
the motion for change OF venus" sac.
'Gcntlrm"E. nave gwen th'S ma t'''
iong aud careful study from all sides.
have weighed III" new Span"r arti"'cS
and words ~ the attorneys AMI give"
them considerable consideration cor
corning the statute and constitutes.
| nm OF the opinion thcc" ncCl 10 NO
change OF vcnue and therefore. over
rulc The motion"
Down to Work in Trial.
ThIs decision WAS rendered by JuG.n
T,oi,nSon Il, S:25 O'Clock yesterday af-
;sr1,"on ard shortly afterwards. after
safe and defense attorneys conferred"
III" sheriff aSkr.! I" remain In the coun-
Ell ,har,h..S until called.
First Juror.
l. : an. 40. y flask-at;or at IN"
Whc",!rg Mold e Foundry company and
a resident Of Clifton Heights. 'w0 mikes
cast Cs Elm Grove. was the urEt pros
ra,;iv" juror called. Questions W."
I-cp9unded to him by tho court cor
corning his qualifications 10 serve III inc
Ease as u Juror. which included tn" cN-
rlain;ug Of the charges IN the indtCt-
ment against tie defendant. If he served
on the grand jury, IL he was interested
in any way with the outcome OF ;hy
,rIol mr. If rclatel to The defendant, -;
r,-.i,;I;cel. and II ho had expressed an
',.,riou.
although the prospective Juror test
he'd - being i brother eff William GU.
r,ty huilding janitor. and hrothcr-!n
law e. Councilman Jacob Hilton. ne was
..,.,.s,t.d as one Of IN" twenty Jurors.
CHARLES LeIthc was newt called and
arr.rt.d Joseph A. Long. although he
stated he voted for GlIllgan. was tho
third man accepted. The next was Will
liam Baker who qualified. Floyd Dean,
4 NEPHEW OF Chester G. beAn. CITY hre'
man. also qualified. althouEh the STAT"
objected on the ground tnat ms "nc1e
name may ne mentioned IN inc lF'a' as
having participate" IN 'ne a'iese" "-
r"gu!ari'scs M" may nave "'"'' S''
on the Juror 'erN'et' i'' c'"It"'u h''''
ana the conrt t"'G MN 10 o" Se"'"" ~
the s!Sth Juror. Nrh l., Hul'"".' W.,