The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1921-10-05

lho did not mean that what he said IN
tho petItion was true but that ne pe
illeved'' It to DO true and ALSO E"ahHc"
ibis story in wtich he said they Sho"'u
)bc sent to jail to read TX 'HeE a'o
found guilty" He said thai IS what
Tho heard people talking about aittE Co'
Irectink the affidavit. He saiu re III"
lheurd Charles +. Miller say they "'rG
guilty and several others. When ashc''
Iic he could give the Defendant A"'t
trial no said he doubted whether ne
could or not. When asked why he saIa
Il believe he 4. guilty" Why do You
say this: You have not heard any owl
'dence" asked Prosecutor Wood. 4ne
witness finally said that from Tumor ne
believed this. Ho finally adn'ttea Una.
he could give tho defendant Il lair lria'
and believed many others would DO HAe
him bu; could not speak for them
HADN'T Examined It Closely
Carl Neuhan, q clerk at local Main
,trest Wholesale house. became confused
and nnally asked that his affidavit De
withdrawn. He said he did not 'ano
much time In reading the anldaVit anu
I'm fact had not thought much ABOUT the
public sentiment until the AFFIDAVIT was
riysn to him to sign. He said he had
IS.ard MANY persons say they believed
the defendants to be guilty but that ne
would DO able to give them FAIR ana
impartial trial. He finally said because
the nayspapors said the defendants wore
rutlty he believed It himself. On Cross
sYamina ton no could not say any paper
iu..d that language. He admitted secur-
ling q copy Of the affidavit before com
ing into tho court room and that ne ~aS
6issa ti.nsd, with II after reading II over
again
l,,syed what was In tho affidavit TO De
tru., that the public had been poisoned
Through tho newspapers and that the
defendant could not be given FAIR trial
lHe could not remember any person nc
talked to but said many OF them ex'
! nre.sed thmselves as feeling that the
} defsndants were guilty and should DC
lhunr. He finally admitted that many
said If they are guilty" they shoulo oe
hung. He admitted that no coulo give
the defendants a fair trial but doubted
whether, any other persons could. "hen
sked why he said this and II there were
not many honest people IN OHIO coun1s
. besides himself. said there were II they
vsre NOT influenced. He said that Ear
. w, Petticord, assistant to City Manager
. y. - Sta6Ob pA0poASN s'~
could otvs Fair Trial
, Or. e. B. Plant was the first witness
, lcallsd yesterday afternoon. On beina
questioned BY tho defense said that NJ
, believed -publio opinion has tho defend
|. ants already convicted" He told con
, variation In tho Mcclure barber shop II
, which ono man said tho newspapers have
, said they were guilty and for that rea
SON he believed they were. He also sale
that he overheard q woman say that
minister told her tho defendants wer'
!. guilty. He said he could give fair ane
: impartial trial
next called He told OF overneaIint
. conversat ton At Eleventh and Marke
streets In which ono fellow said all Of tn
D defendants should DO in tho peniten
! tiary. He said that in his opinion pub
lilo sentiment was bitter against the de
fsndantA When asked II from VIVA
, he has heard the people believe IN
! election was stolen, he said he did be
itsye that the majority are under IN
= Impression the election was stolen
Charles Geiger. local auto accessor'
man. was then called and told OF publ
| sentiment being against tho defendant
ana that from newspaper articles mani
cross-sxamination he said he did no
, believe that O sworn Jury would Civ
1 tho defendants fair trial. Gould yo
. rtvs then = fair trialT' was asked him
. NO" no replied 'Why?'' asked tn
atate's attorney. because ! have m
. mind made up" he replied When aske
. | what his opinion was. he then said: y
don't know" This caused loud laug
In the court room and Judge Rooinso
raped for order. He finally said h
| could give = fair and impartial trial.
Phil Bachmann, deputy sherirr. va
called and questioned by Attorne
> Handlan. He told Of tho duties he ha
10 perform at grand jury sessions an
!. sessions Of court. He said he hear
many say the defendant should be sen
to tail. On cross-examination he finall
said that there were between 1000 an
y 5000 people In and out Of tho cour
= room during the grand jury session an
!. that hs had only heard Is or 20 make
!. remark.
. Jacob sentlinEsr. local bakery Pre-
I prietor, said no could give fair an
. impartial trial but had heard many sa
= that II proven guilty they should
sent up.
opxis1 Recalled
City Solicitor J. J. p. O'Brien VIII
= was also indicted by tho grand jur,
and who was on the stand several hour
+. yesterday, was recalled In tho afternoo
:. by defense attorneys
= OBrien' when asked by Attornc
= Handlan, said he would like to Intro
duce into evidence q copy Of Tho Tele
graph printed Monday afternoon which
his evidence intended to chow. helpe
10 poison tho minds OF the public. II
also offered In evidence a copy OF Tn
Wheeling News Of Mondays issue j
which II was said that an effort wa
made TO prevent Judge Robinson from
sitting In tho tria: and OF his bitter at
tack on Charles P. Gilligan- He sal
these were absolute falsehoodA II
went on telling OF the articles tina
would likely influence tho Judge In de
D Gliding rulings before him and Nigh
+, cause Jurors TO become prejudiced
Morning SesHon-
When court was opened City Sollctto
81. J. p. O'Brien announced there wer
about twelve witnesses TO be examined
besides several Artidavits to be present
, cd In tho change OF venue proceedings
and Jurors were excused until the after
. noon.
James Hall. 70 Nineteenth street. wa
tho nrst Witness called. Questioned b!
a Attorney Handlan. witness said no dit