Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-21

hand.
Or. Baird was right-handed,
wasn't he? Al don't know.
O.-After eight years acquaintance
with him you don't know if he was right
handed? A.-No.
Q.-Don't you know that nine-tenths
of the human race are righthanded?
Ayes. but many men use both hands;
some men are abidextrous; l know OF
some eminent surgeons who can per-
form operations as well with the left
hand as with the right.
The Captain and the witness here
got into learned discussion over am
righteousness and at the end of 1t,
Ca plain Dovener asked:
Q.-I thought he raised his hand to
got at his pockets? Ale used to
wear an overcoat which had pockets at
the side-I didn't know-it flashed
through my mind, and | thought he
thought | was not armed.
Q.-Why did you think he thought
you were not armed? A.-One day
Alfred Caldwell was in my Office and
there was revolver lying there on the
desk and he picked it up, and asked me
if it was loaded, and [ said no, it had
not been loaded for a long time, and l
thought that DR.. Baird had been ap-
priced of the fact.
OQ.-By whom? A.-By his nephew.
Q.-What made you think so? A
One evening, following the election, l
met DR.. Baird in the presence of Alfred
Caldwell, and he ran away-he went
around the corner-he went past our
deStination-and | went in, and when
he came in he said that was DR.. Baird,
and he didn't want him to see him, and
the whole thing flashed through my
mindthat he was his nephew-that he
was a lawyer and that he didn't want to
see US.
Q.-What was there about that which
made you think that perhaps he
thought you were not armed? A.-The
whole thing-I thought over it great
deal, and when went home l couldn't
steep until had got up and saturated a
handkerchief with chloroform. After
thinking it all over, l came to that con-
clusion.
Q.-When he raised up his hands you
saw that he had gloves on? Al
thought he would shoot, and got out
my pistol and fred-Quick
Q.-Now, don't you know that he
didn't raise his hands, but that he stood
right up and that he held his hands in
his characteristic way? A.-No, on
the contrary, know he had his hand
up and | just jerked out the pistol and
shot.
Odd you take aim? A.-No.
Captain Dovener here asked series
of questions to see if the defendant had
practiced to make what is known as
line shot, and the witness answered that
he had not fired pistol since he was a
boy. He started to tell about shooting
rifles and shot guns, ETC., but was cut
off by the questioner, and after time
witness admitted that he had gone out
and set up marks to practice at.
Q.-What was your object? A.-Oh,
Just amusement.
Q.-Do you know what line shot is?
Al have heard of it.
Q.-And didn't you make line shot
there? Al hit him.
Odd you shoot to kill? A.-No.
Q.-What did you shoot to do? A
The thought flashed through my mind
to shoot at his right shoulder, but the
pistol naturally pulls TO the right when
it goes off.
O.-Then his right shoulder was to-
ward you? Al couldn't tell the posi-
ton of his body to me, except that he
was facing me sQuarely, and | shot at
his right shoulder; when | fired at him
he turned away, an as he turned away
he said: 500 to HI" | couldn't tell
YOU If it was after the first or second
shot-all three things occupied proba-
blv but a moment. | wanted to disable
the man-not kill him?
OFF you thought of danger, when
he raised his left hand, why didn't you
fire at his left shoulder, instead of his
right? A.-That is hard to say in con-
nection with the threat of his hand
going up-I knew that he had followed
up his threat in the City Building, and
that he was prepared to do it again.
Q.-Now, will you tell the position Of
DR.. Baird when you fired that second
shot? Al don't say that l saw him
when l fired the second shot.
Q.-You know that shot struck DR..
Baird in the back of the head, don't
you? Al do not.
OFF it did, as physician, and as an
expert, in a hypothetical case, If that
shot struck back of the ear and came
out of the left eye, what was the posi-
ton of the man? A.-Without know
ing anything about it, the part where
the hall entered fronted me.
Q.-And you say that you didn't see
DR.. Baird? Al can't say if | saw him
or not: shot quick, and the flash and
the report---your eyes shut naturally
| can't say that-but after the second
shot l saw him going up the street, and
saw him go into Prayers store.
Q.-After the first shot, didn't you
say; won't YOU take that back?" A
1 No, sir.
Q.-You wasn't 50 excited, but what
YOU knew that? Al said: you
mustn't do that, Doctor" and he said:
"You dirty Niger =; and l said:
"You must take that back, and he said:
'.I'l take nothing back" | saw him
make the movement, and knew he was
going to shoot, and | shot, and he said:
$50 TO h-l:" before | shot he was in the
street, and l saw him go into Prayers,
and | went down the street; can't tell
the position of his body, except gener-
ally. but he was facing me because that
was the thing which attracted my at
tention-the eye particularly indicates
the character-what Il man is going to
do. and that is what / was looking at.
O-You were so cool, and so little eX-
cited that you could notice the eyes of
DR.. Baird? Al can't say it was any