The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-13

checked his horse and said lew words
~ do not know what was said"
He asserted that DR.. Garrison spoke
first. When he spoke to DR.. Baird, DR..
Baird looked out Of his buggy, spoke q
few words and drove on; DR.. Baird drove
on up 10 the paper store and DR.. CARR.
son turned back, went up to him and
said, doctor, will you take that back 2"
DR.. Baird looked around and said, 'No,
I never take back what say, and then
the shooting commenced.
Dr.. Baird was standing on the curb
stone above his horses head he was
looking toward the paper store. Alter
the first shot, and before the second, he
turned his face toward Main street; be
then walked into the paper store.
When the shot was fred he was stand.
ing in the gutter. His back was turned
toward the market house when the sec.
ond ehot was fred. He heard no con-
versation except that which he had mar.
rated; DR.. Garrison was facing toward
Main street, and DR.. Baird toward the
paper store; aiter the first shot DR..
Bslrd turned more toward Main street,
turning his back more toward DR.. Gar
rison. Dr.. Baird made no motion to as
sault or menace DR.. Garrison; he had
nothing but the hitchiug strap in either
hand; he made no motion toward his
pocket; he put neither hand to his back
ne did not move toward Dr.. Garrison;
he made no threat I'd do any injury TO
DR.. Garrison.
Mr.. Gerkstetter marked upon the
photograph the location Of the prisoner
and DR.. Baird at the time OF the tist
conversation.
Col. Arnett took the witness:
Q-"Dr. Baird was great friend Of
yours, was he not2"
A"0b lno, Just an acquaintance" !"
Q-"Eow, wasn't he quite intimate
with you%
A.-"He bought all his stuff from me
in the summer time and always was jok-
log with me-"
Q-"Did you not say that he was a
great friend Of yours, and didn't you say
he was q very good customer Of yours
and that he bought a great deal OF stuff
from your"
A.."Yes, 1 suppose 30"
He then detailed about tie same
story he had told direct. He admitted
that he could not have heard what Dr.
Baird would say to anyone on the north
side OF the street, he being on the south
side.
Q-"WSs DR.. BArd's buggy covered
buggy2"
A.-"Yes."
Q-"Was the top up2"
A.-"Yes."
Q-"How do you know DR.. Baird
had not said anything before he met
DR.. Garrison and before he looked out
OF the buggy 2"
A.-"No, l do not"
OF you could not hear what
either man said, how do you know Dr..
Baird said nothingH
A.-"He did not look out OF the
bu0gy?"
thing without looking out OF his
l.GaHe might"
Here Mr. Gerkstetter, who did not
understand English well, nor speak 1t
plainly, got mixed up, and denied that
he had appeared before the roroneI's
inquest, but after 1t was made clear to
him, he said he was before the jury.
Mr.. Gerkstetter made one important
statement in view OF what Lottie Wall
ton had said concerning the hitchiug of
the horse. Gerkstetter said DR.. Baird
got out Of the buggy on the left OF south
side OF the buggy; had the hitching
strap on the bride; stood In the gutter
while he hitched the horse, and had his
face toward the paper store. This ia in
direct contradiction Of what Miss Wal
ton had said.
He was not attempting 10 tic the
horse when he was shot; the hitching
strap was left hanging from the bride.
He repeated several times that DR..
Baird was in the gutter when he was
shot and was still in the gutter when he
was shot the SECOND time.
Colonel Asnett asked him about what
be had said before the coroner's Jury,
and he denied several OF the statements
he had, according TO the Rtenographer,
made at that time. The steDoGrapher's
report was that Mr.. Gerkstetter had said
he saw no revolver. Mr.. Gerkstetter
got himself fanked several times by
stating things entirely contrary to each
other, but he always managed alter
several efforts to make himself clear.
When bis examination was finished 1t
was after O'Clock and coart adjourned
till $3.50 o'clock this morning.