The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-12
luted. TO burn the house

which the victim Is an inmate
implies dsliberation. All these indicat
that there 10 an intention and delibel
ate desire 10 take the life Of an ind
viduAl. In other words II must b
shown that he intended to kill ; that b
intended TO take the lie.
1t Is true that the deed may be don
In five seconds after the mind Is mad
up TO take life. But there must b
deliberation, and the purpose to XII
must have been made up after there ha
been delibefation and eogitation.
It must be shown that he has studied
over the matter. He must have deliber
ated over the matter. After he ha
deliberated over the matter he MAJ
decide to kill the next day, the mex
month or the next year. The necessity
exists for that deliberation to have beer
reached, BE cannot decide TO take Life
in the heat OF excitement and commit
murder.
He then went into the details O.
iustifable, involuntary, voluntary ant
other homfcides.
Colonel Arnett took issue with regard
to the statement that there must be
blows struck. Hs held that there must
be great provocation, but not neGessaf
lily blows. He cited as an instance that
where man finds another In q state oi
adultery with his wife or fornication
with his child, the homicide Is iustih'
able. There must be great provocation,
and when there IL great proVocation the
orip,a ia nf tho mildeat a0Ft
He then called TO mind the grounds
under which one Is excused for taking
life. The right Of self.preservation was
never surrendered, and u 3 person finds
himself environed by such surround
ings that he is in great danger OF bodily
harm, he Is excusable. The question
whether he Is 80 surrounded by such
circumstances is for you to decide, but it
must be from his standpoint You
must so far as possible place yourselvesin
the position he occupied. You are not
only to take his position at that time,
but under the circumstances up to that
time, II threats were made that LED
him to believs he was in danger OF bod.
lily harm, he Is exCusable. We propose
to show that threats oil the most violent
character were made, and repeatedly.
You have been told that the man who
was killed was worthy man and 1hsve
no dissent TO make, but wish 10 say,
that makes no difference. All men are
equal; all men stand in the same light
in the eyes Of the law.
He then reviewed the EVIDENCE the
defense proposes 10 introduce.
Itis true that Baird aud Garrison were
at one time friends, / believe, also, DR..
Baird did lend his name and he or some.
one else did the duties Of health officer.
They were friends and continued so for
some time. 1t has been said DR.. Gar.
rison was health officer and made
charge against DR.. Baird. He did so,
possibly, but not out OF feeling, but in
the line Of his duty.
WILLING TO DROP IT.
It will be shown that Garrison was
willing to discharge any obligation to-
ward DR.. Baird, and that he studiously
and in every way avoided doing any
thing that would bring about trouble.
There Wap no reason for I'll feeling on
account OF DR.. Garrison being health
officer, on bis part. He continued to
speak to DR.. Baird till he found his ad.
dresses to DR.. Baird received no reply.
They ceased to speak and passed with.
out speaking till last September, when
the 6Rhtin the gas office took place.
Colonel Arnett said that DR.. Garrison
on that occasion held himself entirely
blameleas in the matter, only resenting
the most vile insults, bpt not until hehad
been struck by DR.. Baird. The Colonel
further stated that DR.. Baird had on that
occasion made threats Of the most
violent character, and had reiterated
them numerous times in the presence OF
a number OF persons in the gas office.
Colonel Arnett said the defense pro.
posed to sboy that from the time oil the
trouble in the gas Office till Or. Baird
was killed, he made 1t his continual
custom to hurl vile epithets at DR.. Gar.
rison every time they passed along the
street. He said DR.. Baird would drive
his horse eiose PIP to the curb when Or.
Garrison would be walking on the pave.
nent and hiss: "You niger Ill
at thin. He did this in East Wheeling,
on Main street, on Market street, and
even in the presence Of ladies'. He said
the defense proposed to show that DR..
Baird had made numerous threats
sgsinst the prisoner, and that no longer
than forty eight hours before he was
Killed heeRId be EoHld never let up on
the Niger -A - till be bfeW bis
damned piVger head og oreqt his liggsr
heart out.
Dr.. Garrison had made every effort TO
avoid meeting DR.. Baird, had gone out
OF his way to keep away from him, had
turned of into side streets 10 avoid him
When he naS him coming and frequently
made oyertpfes through othaf3 and
Baird TO INDUCE bin to simply let him
alone, or not 10 openly insult hin. He
knew DE. Baird had made threats and
violent threate, too, and that DR.. Baird
had prepared to shoot him on the spot
Il h6 e;er offered to resent his assaults
in any way. he EEeGared himself for
such an emergency, Tearing he mjRht
be driven TO frenzy by some insult In a
prblic place. He knew that under any
Sleh slteypStcnfes Or, Baird would kill
him ifhs eopld,
THE PATAL MORNING.
Colonel Arnett then detliled the oc.
currences OF The morning the fatal shot
was fred. The Doctor left home about
$50 q. IN. /; came down in car; wanted
70 GET oli'at the sllsy above Eleventh
street, but the conductor JAILED 10 sop
the car; rode on 10 Eleventh street, got
off there; walked part way down to.
ward Market street; cav DR.. Baird
ptoopiug Gud looking into bis buggy, evi.
depty getting bis hitGhipg strap .
thought there Sould be isSme fnstlt 81
leredit DF. Baird saw him; pulled HE
hat over bic eyes sRd walked FsSt, EoP.
ing not TO attract bis attention Dr..
Baird turned and saw him; called him
Niger - --; he walked
on Ill b. heard footsteps be.
hind him, aid heard Or, Baird
evidently close 10 him, call
him the same name again; he turned
Sud Eelt Jack; asked DR.. Baird not to
Gall hin that iape sRaini pr. Baird re-
ttetstsd 1t and sald be would Tall him
what be plOaaedi he say Dr.. Baird
throv, hia cnnt haOk m ~ N pharh tnV HE