The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-19

time fe talked with Or. Garriso1; Dir.
Kreiter knows John Armstrong, but he
did not see him there at that time; Mr.
II. III, Dunlevy' was present; witness
heard the shooting and Saw DR.. Garri-
son minute or two after; Mr.. Dun
levy came upalmost at the time witness
met DIR. Garrison; the conversation took
place on the crossing OF Eleventh street
al Market; the point where the CONVEX
sation took place is about sixty1eet
from busch & Gauss saloon.
Colonel Arnett then asked the witness
to say what the conversation was
between the doctor and himself. Cap
tain Doycner objected and the question
was discussed. The reason Colonel
Arnett asked the question was to show
that John Armstrong heard no CONVEX
sation and had no conversation with
DIR. Garrison.
The court held that the conversation
which Mr.. Armstrong had detailed
might be given to Mr.. Kreiter and he
could answer yes or no as to whether
the conversation took place.
Colonel Arnett then asked: AT that
conversation OF which you have spoken
and where Mr.. Dunleyey came up, did
DIR. Garrison say anything about threats
that were made%
Captain Dovener objected, and the
stenographer read the question several
times. and the court sustained the
States objection.
The court held that both witnesses,
Mr.. Kreiter and Mr.. Dunlevy, had
sworn that Mr.. Armstrong was not
there, and what DR.. Garrison might
have said could not have any weight to
contradict Mr.. Armstrong; statement,
because the witness says he was not
there, and if he had any conversation
at all, it must have been somewhere
else, and must have been another and q
different conversation, If there was
any.
Colonel Arnett then had the steno-
grapher look up the notes of MIR. ARM
strong's testimony. While he was so
engaged, Colonel Arnett, Captain Dove
ner, the court, and Mr.. Howard had
what they finally decided was "little
moot court" talking about under what
circumstances the evidence might be
admitted. Mr.. Sommeryiile had in the
meantime looked up an authority in the
West Virginia reports (the Abbott easel
in which it was stated in the syllabus
that it was error on the part OF the
lower court not to admit the statements
of the defendant us to why he had shot
the man for whose murder he was on
trial. |
There was no discussion Of the point,
and the stenographcr started to read
the evidence OF Mr.. Armstrong to Mr..
Kreiter. He was interrupted several
times, and when it was finally gotten
through with Colonel Arnett asked,
''Please give the entire conversation you
had with DIR. Garrison at Eleventh
street at which Mr.. Dunlevey was pres
ent; please give the entire conversation
that occurred u minute or minute and
a half after the shooting"
Captain Dovener objected, and the
objection was sustained. Col. Arnctt
stated to the court that his reason for
asking the question was simply to get it
upon the record to have an excep-
ton to the ruling of the court noted.
Mr.. Kreiter then said he had not seen
Mr.. Armstrong that day till evening, in
the lower market house, when MIR.
Armstrong asked him to tell him about
the shooting1 81
Colonel Arnett asked: "Sow, Mr..
Kreiter, please tell Mhat:NIr. Armstrong
asked you andwhGt you said to him."
Captain Dovener objected.
SOME MONKEY DuslYEss. :.
While the stenographer was looking
up the testimony, Mr.. Howard sug-
jgested to the Soufs that while:tkere was
nothing doing, they discuss the ques-
ton in common law whether aman can
marry his widows sister. Captain
Dovener suggested that it would be
more entertaining to discuss whether
the hen that laid the egg or the one
that Matched it was the mother OF the
chicken.
Colonel Arnett said "J-o-h-n-I--l-l
-t-h-r-o-w-y- Observation-Disclosures
i-f-y-o-u--d-o-n-'-t-s-t-o-p.-Y;o -u-r-'-e
THE Observation-Disclosures
Observation-Disclosures"
Captain Matthews, after along search,
found the testimony of Mr.. Armstrong
and read from it the statement OF Mr..
Armstrong that he had not asked Mr..
Kreiter any questions and that Mr..
Kreiter had told him nothing.
.HECaptain Dovener objected, and Mr..
Sommerville began to speak. Captain
Dovener rose and interrupted. Mr..
Sommerville objected and said he was
not through.
/ Captain Dovener-"I thought You
were through; you ceased to calculate"
Mr. Sommerville- That may be all
very funny, but it's not RICH" .
Captain Dovener-"Then I'll sit
Mr.. sommerville-"T hat's the first
proper thing you've done in some time"
The question was discussed some more
and the court held that the conversation
should not be detailed.
In the meantime Mr.. Howard went
over to window apd, sitting with his
feet up, watched the stone masons
working on the new jail. A page had to
be sent after him.
Mr.. Kreiter stated that he had been
asked questions by Mr.. Armstrong and
had told him what DR.. Garrison had
told him.
In reply to Captain Doyener's qges.
tions witness said his wife and Mrs
Garrison are cousins,
There was q long cross examination
concerning the stall Mr.. Kreiter occu'
pies, where he was, etc. Captain Dove
ner finally got Mr.. Kreiter hot, and he
said: "Captain, if you know all about
my business and why | did these
things you say so, If you don't, you
keep still and I'll explain this to you"
Captain Dovener quoted down little
then, and Mr.. Kreiter told a pretty
rtri.,i,t story, nNnlnininr ns he went