Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-15

Q.-DlQ you nave any uOuub duouI IL
A.-That was all heard.
Q-Were you asked by Mr.. Howard
on the examination:
Indicate how he pointed!'
And did you answer?
He held like that, and fired two
three shots.'
No sir, I said he pointed like that, ant
fired two shots.
Did you say?-
CDR Baird turned his head and not hi.
body?"
[Objection by the State, who said Col
Arnett was assuming to be questioning
the witness according to the steno
grapher's report. when in fact he was
not doing it. 1t was unfair and mis-
leading to the witness. The Colonel said
he had invariably, when questioning
said ''Did you use this language before
the Coroner?" and he wa:
doing right. He had never pre-
tended he had been asking such
question, when in fact he had
not. In reply to this Mr. Howard said
it was an attempt to trap witness, and
he hoped the Court would not permit it.
The Colonel resented this, and said be
would wager anything short of his
eternal salvation he had never asked
such question without stating dis
tinctly it was from the stenographer'
report. Mr.. Howard-You may con-
vince the Court, but you can never con
vince me. Col. Arnett-I'll not try.
Odd you say Col. Arnett turned
his head aud not his body?
Mr.. Howard--Has your Honor ruled
that question may be answered?
The Court-Yes, sir.
Mr.. Howard-Has the Court ruled he
can ask that question, without saying
where it came from?
The Court have ruled.
Odd you say DR.. Baird turned his
head, and not his body? A.-No, sir.
Q.-Is it true he turned his body or
that he simply turned his head? A
He turned his head and body too.
Odd you answer this question be-
fore the Coroner:
"Q.-What did Dr. Baird do when the
first shot was fired! Ale turned
around just like that
Q.-Turned his head? Ayes, sir.
Didn't you say that? Objection
by Mr.. Howard, who said it was not
right for the Colonel to pick out part OF
an answer, saying:
"What the witness said was:
"'Yes sir; he turned his head, and DR..
Garrison fired the other shot
"Your Honor may admit it; your
Honor may admit anything he desires,
and this side has no appeal, but want
to say it is unfair to the State and this
witness"
The Court-Colonel, this is young
witness, and easily confused.
Col. Arnett-Yes, and | expect the
jury to make an allowance for it. But
insist am treating him fair. asked
him fair question.
Mr.. Howard-You asked him two
questions and a half and made one gus
ton of it. It's like the minister and
the text. Your Honor remembers the
story. The minister wanted TO preach
against top-knots, and he couldn't lind
a text; and he took the text ''let those
on the house top not come down, and he
picked out the text: "Top-knot, come
down." Laughter That is the way
with COL Arnett.
The question was then re-read by the
stenographer, and the witness said: 81
don't know"
Q.-Was Dr. Baird walking or stand
ing when he was shot? Ale was
standing until he was shot the second
time. and then he walked in the store.
O.-Before the Coroner, didn't Mr..
Howard say
"Q.-You say you saw both of these
face was toward YOU. Was DR.. Baird walk
ing or standing still; was Dr. Baird walk
ing A.-Walking."
A.-Not that | remember OF.
And were you not Asked
"O.-And was Dr. Garrison walking!
Ayes, sir"
Al don't remember that, either.
Odd you see a horse and buggy
there? Al didn't notice any.
Q-Where did you see DR.. Garrison
last? Ale was by the plumbing
shop
Q.-Was he as far up as the plumbing
shop? A.-He was near there.
Q.-You didn't see him very long
after be shot? A.-No, sir.
Q.-You didn't notice him turn
around? A.-No, 1 didn't notice him
then.
O.-Where was Dr. Baird standing
when he was shot, on the pavement?
Ayes, on the pavement.
ADAM BURKHARDT.
Q.-What are you employed at? A
At the Reymann brewery.
Q.-What were you doing on the 18th
of March last? Arriving wagon.
Q.-One of the Reymann brewery
wagons? A.-Yes.
Q.-Do you remembe, DR.. Baird being
shot? A.-Yes.
Q.-Where were you when he was
shot? AT the hitching post at
busch & Gaus' barber shop.
A picture OF the street was shown
witness, and he pointed out and marked
the letter ''B" at the point he was
standing on the north side Of the
street.
Q.-What were you doing up there at
Eleventh street that day? Al was
hitchiny my horses, intending to get
some, empty kegs from the cellar Of
busch & Gaus'.
OIL wish you would tell the jury
what you saw? Al was htching the
horse, and | heard shot, and watched
him, and between the two shots Baird
turned his head toward Main street and
Garrison shot again, and then Baird
went toward Main street. and Garrison
came toward Market street, and | went
down in the cellar and didn't see any
more?
~ L. 4