The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-18

SON said. "You won't take it back"
and fred another shot DR.. Garrison,
after he fired the shots, turned and went
down Eleventh street; when Dr.. Garri-
son fred the second shot, witness was
on the south side pavement. Witness
said he could not swear TO whether DR..
Garrison had his pistol in his hand
when he first saw him or not.
Q.-You cay there was nothing
threatening in the attitude OF Dr. Baird,
did you?
A.-No, sir.
Witness did not see Dr. Garrison cross.
Eleventh street; witness was ahead OF
him, on the opposite side Of the street.
Witness could not remember whether
he saw street Cur stop at Eleventh
street and a man get of; he did not see
where DR.. Garrison cafnO from; when
he first saw him he was coming from
the direction Of Market street and took
perhaps three steps toward DR.. Baird
before the shots were fired.
To Colonel Arnett he said DR.. Baird
made a step toward DR.. Garrison and
placed his hand upon his hip as he
made the step.
H. 81. Dunleyey was called and exam
ined:
He was on North Main street; has
lived in Wheeling thirty-two years; has
known DIR. Garrison about five years,
and has known his reputation as ~ law
abiding citizen to be good. AT the time
DR.. Baird was shot he came out Of the
lower end of the market house; saw Q
commotion on Eleventh street and
stopped to see what 1t was; DR.. Garrt-
son came down the middle Of Eleventh
street, near busch & Gaus' ssaloon mo one
was with DR.. Garrison at that time; he
came direct to the witness; he did not
stop to talk to any one; witness saw John
Armstrong standing on the street when
DR.. Garrison came up, but he did not
see DR.. Garrison have any conversation
with Armstrong; no ono talked with
Garrison from the time he first saw him
till he turned him over to tho police,
except o. W. Kreiter.
Mr.. sommerville asked Mr.. Dunlevy
what DR.. Garrison said when he came
up to him that morning.
Captain DoYener objected on the
ground that the statements of DR.. Gar
rison could not be evidence.
Mr.. Sommerville argued that since the
court had admitted in evidence the
statementu of DR.. Baird in Prayers
paper store, 1t must not discriminate
against DIR, Garrison's statements which
were made ut time no more remote
from the res geStr than the time at which
DR.. Baird's statements were made.
In the argument OF the point 1t came
out that the reason the question was
asked was to contradict the statement OF
John Armstrong that he and DR.. Garri-
son had a conversation in which no one
else took part. :,
Tho matter was argued at length and
tho court held that the defense has tho
right and privilege tointroduee evidence
to contradict the evidence OF John Arm-
strong, but rs to the admission OF Dr..
Garrison's statements Us a part OF the
res qest;s it is inadmissable, but no
would be glad to hear from the defense
in the way Of authorities.
Colonel Arnett said he could not con-
ceive how what is res gesta in one case is
not res gestg in another. II DR.. Baird's
statement made ten minutes after, the
closing OF the combat is O part of the
Tcsqsag and Is admissible, why are not
the statements of DR.. Garrison made a
shorter time after the combat part OF
| the transaction. he said no had no
| doubt that neither Of the statements ara
part of the rcs destae, but whom the court
held in the first case that it was admis-
sible, how can the court mako differs
ent ruling in the second caseH
The court said that the res gs49 ex-
l A u. H. H,n ~ NV1d IN Vim
throos of death than with ono who is
not in such condition.
Questioned on cross-examinatton BY
Captain Dovener: 80.
Q-You'ye been taking q lively inter
est in this matter, haven't you?
A.-No, sir.
Q-You were warm, personal friend
Of tho prisonerP
Al am personal friend of both.
| Q.-Made no trips to the county look
ing up evidenced
Q.-Were you in Meder's cigar store.
on the Monday when the statement OF
the case was m0de.2
Aim in there nearly every day..
Q.-Were you there when John Miller
/ EAlu 4lGhs N4AESA hNAS SaAS4S'
Al believe | was.
Q.-And didn't you hear them repeat
over what Mr.. Howard had said in his
statement Of the case, thnt DR.. Garrison
had gone back after DR.. Baird had
hitched his horse and shot him?
Al may have heard that.
| Q.-And didn't you say it was g.
d. lie and that Mr.. Howard know 1t
when he said it?
Al don't think did.
Didn't you use words to that
etfectand accompany them with an oath?
Al may have snid something OF the
kind.
Q.-Now, do you think you have any
interest in the case?
A.-No extraordinary interest.
Q.-Not any extraordinary interest;
any INTEREST,"
A.-None but to SEQ what is right
done.
Q.-You've been defending DR.. Garri-
son in this way all along, haven't you?
Al am friend OF Dr. Garrison.
Q.-1ou are particular friend3
Ayes; am friend.
Later on, Captain Dovener asked II he
could be positive that John Armstrong
had no conversation with DR.. Garrison
OF he crossing at Dusch's saloon. Mr..
Duulevcy s0id he saw DR.. Garrison first
just at that crossing referred to, and
that he had no conversation with any.
one till he came up to him. lie said
that II John Armstrong had any CONVEX
sation with him it took place before DR..
Garrison came to the crossing
Captain Doyenor then asked:
Q.-You said DR.. Garrisou's reputa-