Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-06-06
Mr.. Sommerville-You ought to wait

until you're engaged.
After moments conference with Mr.
Howard, Capt. Dovener said:
! "We'd like to have the rule met soon
er-to-morrow, If necessary. Wer'
ready at any time to meet it.
Mr.. Sommeryile-Why all this rush
Capt. Dovener-We are ready to &C
into this thing right away. The Su
and we can get along.
Mr. ACKNOWLEDGEMENTS the Su
preme got to do with it?
Capt. Dovener-I can't tell that.
That's further along.
Mr.. Howard-We would like TO have
this earlier if possible, for myself and
CAPTAIN Dovener feel it is our duty to
meet this question. II tho Court hadn't
committed itself, it would be all right,
but the Court having said what IL dld,
this gentleman, who stands among the
highest In this community, will have to
rest until next September under the
stigma of having disoneyed this Court.
His honor aud reputation are at stake
in this matter. For that reason we
would like to have the matter set earli-
er. The Court has made declaration.
and this witness mouth is closed until
next September. | would think that If
the Court thought it was contempt, 1t
would like to know il as soon as posi-
| bic.
The Court may change my deter
mination later, but for the present |
will stand on my former declaration. |
couldn't hear il. 4 how, until after The
June term in Brooke
Col. Arnett then resumed his qucs-
tionS, addressed 10 the witness, and the
witness stated. practically, his former
assertions about the questions OF the
Court and others. in the nature of
cautions.
Q.-Haven't youhad both bais and
prejudice in this case from the first day
you heard Of This killing? Al have
not, Colonel.
Q.-Havn't you and all the members
of your family been bitter against this
defendant? A.-No.
Q.-Isn't it true that it has been car
ried even to the extent of other members
OF your family-that your father, and
your wife and you have had prejudice
against this defendant? A.-No, sir,
I'll answer that question. My father
has expressed his opinion.
Q.-And your wife, too? A.-No; if
she took any side it would be in favor
of Garrison.
Mr.. Howard-Now ask him about his
grandfather.
Q.-[By Arnett Your father lives
with you? Ayes.
Q.-And you have frequently talked
with him about this? A.-Yes.
The witness was then asked by Col.
Arnett about his meeting with Tolbert,
and went over the ground again, saying
there was a talk with him about opin-
ions being formed about the case, and |
also about the papers; no paper was |
mentioned by name. Witness said he !
never said anything about Garrison |
meeting DR.. Baird and following him
back, nor did he refer to anything John
Miller said before the Coroner's jury.
Q.-[By Dovener Did you regard
this conversation as conversation
about the case? Al didn't think so
at the time.
Q.-[By the Court Did Mr.. b. X.
Tolbert know you were juror, when
he was talking TO him? Al know he
was.
The Court.-Mr. Clerk, issue a rule
for Mr.. Tolbert, returnable next term.
@ by Dovener. Did you know
DR.. Garrison? A.-No, l didn't know
him until he was brought in here and
pointed ont to me.
Odd you know DR.. Baird? A
No, not at all.
To Arnett- DR.. Garrison taught
school about a mile and three quarters
from my house, but never saw him to
know him.
To Dovener-I gave 4 deposition at
Judge Boyd's Office: | know n. j.
Schmidt; talked with him; | spoke
about it to my wife and brother-in-law
and my sister; my brother-in-law
is Peter Iverson; | don't belong
to any organization which has
investigated this: / am clerk at
Benrens' store; there has been good
deal OF talk about it in there, but can't
remember any other conversation except
Mr.. Schmidt's; don't know that he
talked with Mr.. Behrens, and not TO
me: Mr. Behrens was not there: we
talked together in the Danish language;
no ore else was by: have not heard the
PAPER read since it was taken; two gen
temen came to the store for me-Mr
Sommerville and Col. Arnett-and
went up Thursday evening; | went up
to Col Arnett's office that evening; it
was Saturday when Mr. Schmidt came
in; that's the busiest day OF the week;
we have eight clerks, but we had nothing
to do when Mr.. Schmidt was there: we
began to talk about DR.. Garrison asked
him if he heard about the shooting, and
he said he was up at the market house
about the time; don't know what an
swer ! made; he said he heard the shoot
ing. and saw DR.. Garrison coming away
with the revolver In his hand: he also
said he SAW the crowd rushing over,
and he walked away, because he didn't !
want to have anything TO do with it,
and then he said: "You know what !
they ought to do with him? They !
ought to hang him up without going !
any further" That is what he said In |
Danish: all have said here is the truth.
/ told Col Arnett the truth and | told /
him the whole truth-kept nothing
back nor added nothing to it.
Dwell, let's see, Reading. "How
long after the trial did you talk about
it? A.-About two weeks" A.-No,
it was the day after the shooting Capt.
Dovener here discovered that he had
tho evidence Of some one else and had