Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-19


be positive; at Tenth street we took a
ear on south; l was busy talking to Mr..
Beu, and couldn't say positively wheth-
er he went in or not, and couldn't say
how far he went; he seemed to be in
good humOr.
To Dovener-I don't know where he
was going; he and / did not start to go
anywhere particularly. | started to go
the Court House; | don't think the Doc
tor had been down town before, that
morning.
HENRY BEU.
To Sommerville-I have lived here
three years; / have known the defend
ant that time; remember the killing
of DIR. Baird / was with the de-
PENDANT that morning little after nine
o'clock. A. c. Harrell was with US;
they were there about half an hour;
when l left he took car down town !;
| was with him; we got on at Fifth
and Main; left the car with Mr.. Harr-
ell at Twelfth street; the defendant
Jumped off at Eleventh street; he was
on the platform and l was inside on the
west side of the car; had a converse
ton with him on the way down. he was
in very good spirits-jovial the car
did not stop at Eleventh street.
To Dovener-He did not tell me
where he was going.
DANIEL CRYMBELL.
To Sommerville-I live at $50 Market
street; l know Jacob SwitZer: | talked
to him on the morning DR.. Baird was
killed. l came in about half an hour
after the shooting; he told me he was in
the back part of the house, and got out
after it was all over.
To Dovener-I asked him because |
had not heard about it before; it was
just about IL o'clock; was in front of
McLaughlin's saloon, and when l went
up there was quite crowd there.
JAMES DIXON.
To Sommervile-I live near West
Liberty; have lived there ffty-fve years;
l have known defendant over thirty
years; he lived with me when boy, his
reputation was considered good.
To Dovener-He left there some years
ago; have met him about every week
since; have talked with people who
know him, here before the shooting; 1t
was about the time the crematOry was
built there was some talk about it; |
named it Garrison's monument.
c. W. CRYTER.
To Arnett-I live at Market and
Twenty-seventh streets; know the de-
Fordont. bovo lynou,n hin, for aiObt or
ten years; remember the day DR.. Baird
was shot; it was Saturday morning; |
saw DR.. Garrison that day; first saw
him on Eleventh street, in the middle Of
the street, about in front of Stole &
Bayha's produce store; in the middle;
saw him before that, on the pavement
by busch e Gaus' saloon; | met him at
Stolze's and asked him what was going
on up there; he was in sight all the
time after first saw him; to the best OF
my ability, he did not stop till he got to
me; in fact, l walked out to him; he did
not have a conversation before he got to
me; l couldn't say; | didn't see any
one. If he had had conversation
with any one could have seen him;
when he came up to me, | couldn't say
positively if any one else was there;
| know John Armstrong; | did not see
him; saw Mr.. Dunlevy there; when |
spoke to the Doctor, Mr.. Dunlevy came
up: | heard the shooting; | met DR.,
Garrison moment or two after, and
Mr.. Dunlevy just came there when |
started to speak TO him: twas in the
middle Of the street, almost on the
corner of Market street-right by the
corner of Stole & Bayha'S; it was about
fifty or sixty feet from the crossing of
busch q Gaus'.
Q.-What did DR.. Garrison say to you
at that time? Objected to by State, it
being the old question as to the ad-
visibility of the statements as being
within the res jestG the defense held
they had shown such state of facts as
to entitle them to it outside of the res
iestG; the State said Armstrong had
said no one was present, but that kryter
came up as he concluded, and kryter
said Armstrong was not there. The
matter was argued and the Court said the
testimony of Dunlevy and Kryter prac-
tically wiped out the allegations of any
conversation taking place right there;
having part of the conversation, the de-
Tense would he entitled to all of 1t, but
the defenses own witness had said
there was no conversation at all,
in reply to which Col. Arnett suggested
that suppose Mr.. Dunlevy thought
the conversation was addressed to
him, and Mr. Kryter said il was to him,
and Mr. Armstrong to him, then it must
all be the same conversation. He then
asked.
On that conversation, while Mr..
Dunlevy was there, did DR.. Garrison
say anything about a threat from DR..
Baird? objection, and further argu-
ment, the State holding it was an at
tempt to get in by indirection a
self-serving declaration. Question
withdrawn and this substituted:
Q.-At the conversation of which you
have spoken and when Mr.. Dunlevy
came up-I mean the conversation DR..
Garrison had with you on Eleventh
street-did DR.. Garrison say anything
about threats? objection; sustained,
and the Court directed that Mr.. Arm
strong's testimony be looked up, and
suggested the defense could get Arm
strong's language, and ask the witness.
The stenOgrapher read:
did Dr. Garrison or not tell you Dr.
Baird said he would blow his head of! A.
No sir.
"Q-Nothing of that kind. A.-No; Just
as have said.
Odd you hear him tell Mr.. Kryter.
A.-No; but Mr.. Kryter asked him If he
had hit him and Dr Garrison said he
didn't know"
Capt. Dovener objected to any more
Of the evidence being read, in the pres