Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-12
TAK|NG[V|DENCE
lConNnued from FOurth Page. |
rHE CRIME OF MURDER.


ferences Of meaning when the term was
used. and said il seemed to him the jury
ought to have the lawful meaning. He
notified them great deal would be SAID
about malice, and said:
eff man kill another with deadly
weapon malice is 10 be presumed by the
rules OF law. The State does not thus have
10 prove actual malice II is difficult
thing to do, and yet in this case the State
will undertake to prove malice on the part
Of the prisoner, and show that he held NAL
ice against DIR. Baird Of the strongest kind,
both at the time Of the shooting and before.
1.-The indictment charges that the act was
done deliberately. That is not meant IN
the popular sense. II does not mean that
the prisoner went about spending his days
and nights in plotting and Scheming TO Kill
DIR. George Baird, and then went out on
the street, and put his intention into execu-
ton. ItdOeS not mean he had thought OF IL
for a week, or a DAY, or an hour. Tue de-
liberation may have been as swift as the
fash of human thought. The determine
ton and the act may have all occurred IN a
moment Of time, and the Court frequently
instructs that all this may take up no ap-
preciaole time. And yet the State proposes
to prove that for some time before the act,
for two months. probably, the prisoner
this awful tragedy"
PROPAGATION.
The Prosecuting Attorney then refer
red to the matter of prOvocation, and
said that no words, however insulting,
could raise In the mind of man such
passion as would Justify or excuse the
act. Nothing but blows could justify
passion OF that sort. He then passed TO
a review Of what the State expected TO
prove. and said that malice existed IN
the mind of the prisoner some time be-
fore the act was committed, and the
State expected 20 prove and show that
at one time-within a few years-the
relations between DR.. Baird and DIR.
DR.. Garrison were Of the most amlcaole
aud friendly nature; that when the de-
PENDANT was elected Health Officer OF
the City OF Wheeling he was not quail
fed to fill the position, and that the de-
ceased kept up DR.. GarriSOn'S practice
and attended TO the duties OF the office,
while the defendant went TO Philadel-
phia and attended lectures and studied,
and there drew the salaries OF his office
RELATIONS OF THE TWO.
$50 friendly were they that the prisoner
gave his baby boy the name Of George
Baird Garrison, in honor Of Doctor Baird.
We will also show that DR.. Reed Baird,
son of Doctor Baird, became a candidate
for Health Officer against DR.. Garrison,
and that from that time forth their rela-
tons were not so friendly. That as Health
Oficer, DR.. Garrison saw Mt TO make
charge against DR.. Baird Of making false
return about the death of a child here IN
Nks .nhfl lnCr Z
Baird. died Of ordinary sore throat, while
DR.. Garrison said il died of black diphthe-
ria. and called upon the Chief Of Police to
arrest DR.. Baird. DR.. Baird was PreSl-
dent-I am not so sure about that, but he
was at least a member of the Water Board,
and DR.. Garrison, in numerous newspaper
publications. over his own signature, Sc
verelv criticised Dr. Baird and the &C
tions OF the Board. DR.. Baird met these
criticisms and replied 10 kind. Thelr
relations became strained. They quarreleu
whenever they met. Hot words and angry
words passed between them in relation TO
tbese matters. In September last they met
in the main office Of the CITY Hall soon
after some OF these newspaper criticisms
had angered Dr. Baird. Both men were
angry, and hot and insulting words ensued.
"You will find out before you get
through with this case that the man who
was killed while a kind hearted aud noble
gentleman. had very bitter tongue, and
he used that tongue 70 the discontinue OF
DR. Garrison. In that quarrel IN the Guy
Building, DR.. GarrisOn-that splendid
specimen Of physical manhood, young and
strong-whipped a man who was sixty
wears of age, and so disfgured his face
that he was unable TO come out for many
DAYS because of the blows rained upon 1T,
During and after that fight angry and in
sulting and bitter words passed, and they
were repeated whenever they met on the
streets. Events followed fast-one woe
tread upon anOther's heels, so fast they fol
lowed on. DR.. Garrison lost the position
of CITY Health Officer, and then the posi-
ton of physician to the prisoners in the
county Jail His practice was largely made
up through political preferment, and he
charged his downfall largely to DR.. Baird"
Mr.. Howard then passed in review
the celebrated small pOx case, and said
DR.. Reed Baird was among the first to
say the disease was not small pox, but
scabieS. Both physicians were present
in the pest house at the same time look
ing at the patient, but they were not
on speaking terms, Nearly all the
physicians in the city pronounced the
case TO be not one of small pOx, much TO
the embarrassment, OF course, OF DR..
Garrison. The case came upin Court,
and all the physicians of the city were
summoned, and Or. Baird, In his char
acteristic way. criticized DR.. GarriSon'S
professional mi stake. Later, DR.. Gar
riSOn lost his office.
"Some of Mr. Baird's criticisms had
stuug DR. Garrison TO the quick, and IN
his own Office in this building, he told one
of the witnesses summoned on behalf of
the State that he had stood DR.. Baird's
abuse long enough, and that he would nix
him and would kill him. He told another
witness DR.. Baird would insult him once too
often. and that would end il. l do not pre-
tend 10 give the exact language but that
was the substance of il, and IL shows that
for a month before the crime DR.. Garrison
had determined 20 kill him.n
Mr.. Howard then reviewed the facts
regarding the shooting, as the State
understood then, and closed about half
past eleven o'clock amid 4 scene OF
great interest.
THE THEORY OF THE DEFENSE.
Col. Arnett then took the floor to pre-
sent the case for the defense. He said:
"If Your Honor please, and gentlemen OF
the inry. To well and truly try and true
deliverance make between the State OF West
Virginia and the defendant Dr. George l.
Garrison. aud true verdict render accord
inc 10 the evidence, is the solemn and i'm
pressive obligation you have taken upon
-, fhfc very SariOuS and i'm