Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-26
I 7
Continued from Sixth Page. !

either Certain rights were delega ted
by the States TO the government, and
certain rights are reserved to the States,
and all rights not delegated to either
are reserved TO the individual, and he
ought TO have the privilege to walk the
earth without anybody TO modest him
or make him afraid. 1t will not do for
one man to have privileges not enjoyed
by every one. DIR. Garrison was citizen
of this community; so was DR.. Baird.
They had equal rights. One had a
right TO go where he pleased, and so
had the other, and there ought to have
been no threatening or utilization, or
abuse on the part of either. My friend
on the other side says that if
every one who calls another a - is
TO be killed the use of the word may be
broken up, but that in the meantime
there may be serious trouble; but he
did not add that if to the use of that
word there are added threats of violence
coupled with menacing acts defendant
would not be justified in defending HIM
self. Oh, gentlemen. you know just rs
well as you are living that not man OF
| you would have acted differently had
| you been under the same circumstances
as Dr. Garrison. You know you
wouldn't. It's not human nature.
/ When Il man uses Il name which reflects
on mother even boy will resent it,
and no man would stand that. It's not
! human nature to do it. It's so unjust,
| so villainouS, so INDUSTRIOUS, that il can
not be borne. 1t has always been so,
and it ever will be so. 1t would, APP
prchend be a difficult thing to find a
! jury which would approve Of such
| language.
Gentlemen, you have this case before
you. You know all the witnesses. You
know who is worthy of belief, and who
is not. The case is about to be submit
ted to your hands, so far as we are con-
cerned, and you have his fate with you.
| You know whether or not he was jnSti-
! fed in using a deadly weapon. DR.. Gar
riSon has never denied firing the fatal
shot, but he has insisted that it had to
be done, and we have insisted that he
believed he was about to suffer great
bodily harm, and had right to do it.
| That is the great question in this case.
1t was then and there that the climax
was reached. You are the gentlemen
who will decide it, under the law and
the evidence in this case, and you must
take it all together-what he had to
suffer as well as anything else. Gentle
men, when | have taken my seat the
last word will have been spoken, so far
as the defense is concerned. With us
it is silence hereafter. Gentlemen Of
the jury, don't think it is obnoxious
to cuStOm-and if it Is, care MOTTO
say that we believe this man ought to
be discharged-an ought to be dis
charged quickly. These things
ought not to be tolerated. They
ought not, and they must not. Our
friends have said great deal about the
awful consequences of verdict of not
guilty in this case. The consequences
are serious They are such consequences
as have been described very frequently
as being more fearful than the earth
quake shock or the ocean storm, in that
one is the coeQual of time, and the
other is felt until eternity comes. Such
an effect would attend YER
dict of guilty. Gentlemen, il
YOU believe there was hostile
demonstration, it is your duty to acqult
this defendant. The consequences of
your verdict are far-reachng, but YER
diet of guilty will not bring back DR..
Baird, and that being so you could not
alleviate any suffering in that way. But
in another way, think of the effects of
such a verdict. You gentlemen have
been called together here from your
homes in the country, and kept here
separated from your families and your
business: il is not as pleasant as 1t would
be were you beside your own flreSldeS.
But my G~d, gentlemen, contrast your
Imprisonment, irkSome us it has been,
along with what is sought TO be intict-
ed upon this prisoner, and you may have
vague idea of what is sought TO be in
flcted upon him. And yet they say to
YOU. YOU may grant him brief respite
and give him little rest by sending
him to the penitentiary. You are 10
immune him within four walls; you are
to shut out the bright sunlight from
him. You are to cut him off fro-2 his
liberty. But that is not all. It's more
than that. It's the printing-it'S the
engraving the lithographing on his
brow the fact that you esteem
he is guilty of the worst of feloGieS.
But YOU say he has had taste Of
il. God knows he is used to il, but
throughout it all he has borne an hon
est name, and it has been his pride that
ne has lived through it all with an uH-
sullied character, and has had the re-
Spect of his friends, but when on top OF
all that he has borne he is to be de-
nounced by jury OF his countrymen-
| can't conceive that you are willing TO
do that. When you brand real muir
derer-when you convict man whose
trade it is to ply the revolver and the
stileto, it's all right. and when that
conviction comes they are prepared for
it, for it's part of the chances they take
in the game, but when it comes on the
head of one who has always. been law
abiding citizen it is awful thing. My
God. gentlemen, l can't conceive that
you will do it,"
Col. Arnett here drew the attention OF
the Jury to the little boy Of the defend
ant, and pictured the terrible thing, as
he grew older, to have the dawning re-
alization that his father was convicted
felon, and dwelling upon this topic,
begged his hearers not TO inilict that
browning penalty upon the prisoner
not to blight that young life that way.
/ He said
Il don't believe you will do it, gentle
men. 1t may be impolitic to say H. but