Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-12-19
TESTIMONEY ALL m.
Ready for Arguments in ne Garrison
Case. ~

Ready for Arguments in ths Garrison
The taking of testimony<on the mo-
tion for a new trial in the case Of the
State v. DR.. Garrison was resumed at
the Court House, yesterday morning,
and was continued throughout the most
of the day. At the morning session,
which was not commenced until after
ten o'clock, Messrs. Joseph Robinson
and Samuel Simms were on the stand.
The first witness called was Mr.. Robin
son, and after stating that he was one
of the trial jurors, and that he knew
Lester Bates, he proceededto state that
there were unfriendly relations between
his family and that of Mr.. Bates, who
was his brother-in-law. and went on
to explain the difficulty and its
origin. He then came down
to visit Mr.. Bssas' house,
on the Tuesday evenghe after the
shooting of DR.. Baird, at Hhich time he
is alleged to have made a biased state
ment. He said he was there on that
evening, but contradicted Mr.. Bates
and his wife in that he said he had a
lantern and basket, whereas they said
he had basket only, The Bates had
not heard about the shooting, and he
told them, saying that DR.. Garrison had
shot DR.. Baird, and that he had died in
about ten minutes. The witness said
he did not tell Bates that DR.. Garri-
son had killed one of the best men in
Wheeling, that they ought to hang the
prisoner without judge ortjury, nor hsd
he any bias or prejudice against the de-
fendant. The witness repeatedly stated
that he had never said DIR. Garrison
ought to be hung, and made long eX-
PLANTATION as to his kndFledge OF Drs.
Baird and Garrison, andt Of what he
thought Mr.. Bates knewabout them.
Regarding the alleged conversation
with Mr.. Talbert, near The corner of
Market and Eleventh streets, witness
said he had met Mr.. Talbert in that
vicinity, after he been selected upon
the jury but before he had been sworn.
He asked Mr. Talbert to take note out
to his residence, and he consented to do
so. Mr.. Talbert said: ''The thing
happened somewhere about here, didn't
it?" and witness said: "Yes, right over
there, / believe" pointing in the
general direction Of Prayers store, on
Eleventh street. That was all that
passed between them. Asked why he
| did not bring this matter to the at
tention OF the Court, when the jurors
were asked II they had talked about
the case, and that it did not come with
in the meaning of the Court. The
following question usually put in
matters of this sort, was then asked by
Col. Arnett:
OFF you knew when you went into
the Jury box and had sssTr;ss s;s. Sf Sr-fi HAS
times -thstt .yon hae1,ai9 lR6a Raa regarding the
case-if you knew then that you had
/ would you come here now and admit
that you had sworn falsely and had per.
! jured yourself? A.-If, after il was all
brought out, anything had recalled tC
me anything l had forgotten, my duty
to the prisoner would make me say so.
Q.-But il you had sworn falselyi
! Al wouldn't have sworn falsely.
The witness was led back and forth
over this several times, with about the
same result. always insisting that he
had no bias or prejudice against DIR.
Garrison at any time.
Samuel Simms was the next witness
Lester Bates had sworn that he had
| told Simms about Joseph Robinson's
having expressed an opinion, but the
witness said Bates never mentioned the
matter to him. lie had often talked to
Robinson about the matter, but he had
never expressed an opinion hostile to
DR.. Garrison. He testified to Mr. Rob
inson's good standing In the community
in which he resided, ETC., and then re-
cess was taken until three p. m.
In the afternoon the taking Of affi-
davits was continued at O'clock when
Mr.. Tyler, one OF the commissioners of
Triadelphia district was placed on the
stand. He said he had known Joseph
Robinson since 1856. He stated that he
had q good reputation, that he conSid-
cred it first class. On cross examna-
tion by Col. Arnett witness said he
never heard Mr.. Robinson spoken of
except in the highest terms, and referr-
ed to two or three persons who had thus
spoken Of him.
Others who were then placed on the
stand and testified substantially the
same in the matter Of Robinson's char
acter were Officer Creighton, Sheriff
Steenrod, and Deputy Sheriffs Zane and
Patterson.
Mr.. Zane stated that he had known
Mr.. Robinson about three years. Never
heard anyone discuss his reputation one
way or the other. Mr.. Robinson was
at my house on the evening of the mur-
der. When I returned from town l
found him at the house. He spoke of the
murder. but expressed no hostility to-
ward Dr. Garrison. On cross-examina-
tion Mr.. Patterson stated that he never
heard anything detrimental to Mr.. Rob-
inson other than that he talked too
much at times, if that can be so re-
garded.
At this point the case rested. 1t will
take the stenographer probably until
next Wednesday to transcribe the notes,
after which the arguments will be
made.
STOCKINGS An elaborate article on all
AND LE0s. the varieties from socks TO
tights in SUNDAY REGISTER