Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-12

fifty feet, ne met Dr. Balru going WeSt, anu
something occurred there which the wit
nesses will detail to you, and after Or
Baird had passed fifty feet beyond, Dr.
Garrison saw that the man who few mo-
ments later fell victim to his smoking
pistol had passed him, and when DR.. Baird
had alighted, and was STOPPING down at
tempting to hitch his strap to ring
which is the only ring on that
side of the street, west of the alley
DR.. Garrison came up and said, you
must take that back AS he raised up a
shot was fired and struck him In the
breast, and was the fatal shot that killed
DR.. Baird He was not facing dlrectly,
because the shot entered obliquely. There
was no attempt to raise finger In threat
ening attitude, as will be shown by three
witnesses who stood in a window of a
second story on a street forty feet
wide, and saw the whole thing, and
aand they will say that DR.. Baird raised
ND in his characteristic way, and that
there was not so much as a shake or
finger, or an inuendo or threat. 1t will
be shown by these witnesses and half
dozen others that as Dr. Baird went
diagonally in the other direction, DR.. Car
rison again raised his pistol, and with I'M
erring aim, sent another ball blowing
through his head"
The defense here objected to repeti-
ton OF the recital of the murder, and
was sustained as to that.
Capt. Dovener then proceeded
'Now, then, gentlemen, the State will
show there was no personal danger to DR..
Garrison. Why do say 500 Because at
the moment of the first shot DR.. Baird was
as powerful physically as he was five min
utes before. and was able, had he desired,
toly from
and USED it, but with all this power so
great was his self control, that he, knowing
where safety lay for him, went into the
nearest door, and was there with both his
inside coat buttoned up and his overcoat,
of the heaviest sort, buttoned up from the
bottom to his chin, and with a heavy pair
of fur driving gloves on, making it impossi-
BILE for him to have entered either the in
side pockets of his coat or his trousers, and
those gloves were taken off him just as
the throes of death began"
Col. Arnett, in reply to a statement
bv Capt. Dovener that both sides had
stated the facts as they understood
them; that the State had stated the facts
and the defense had stated their facts,
and he was willing to stake the case
upon that, objected and said that, with
all due respect to the Court, it was
clearly outside the rule, as all the rest
had been, and he asked for ruling.
Captain Dovener again attempted to go
on and was proceeding to ask the jury
to take notice to second story window
on the south side of Eleventh, street, and
Of ring in the curb stone, TO which DR..
Baird was hitching his horse, but was
again interrupted by the defense with
claim he had no right to recite what
would be seen by the jury when they
visited the scene.
The Court said OF course COUNSEL did
not intend to give evidence. but of
course, il the jury were not told of any
thing they would go blind, and quite a
long wrangle ensued, during which
Capt. Dovener said he served notice that
counsel could not swerve him from his
purpose or object by constant Interrupt
ton. That might be kept up for an
hour, and he would still be there, to
which Mr.. Sommerville retorted in
kind, and both were called down by the
Court, who said it was not necessary to
consume so much time in personal villlh-
cation. Capt Dovener then went on TO
state to the Court the particular points
in the vicinity OF the scene OF the MUIR
der, concerning which the State pro-
posed to introduce testimony. This led
to another wrangle, at the end OF which
the Court notified the attorneys that the
day must not be wasted in joint dis
cussions on personal matters, but they
must confine themselves to the case.
The question OF the view Of the scene
by the jury then came up. was discussed
and it was agreed the jury, Sheriff,
Judge, Clerk and counsel should go TO
the scene, by direction OF the Court. 1t
was stated by the State it was willing
his Honor should make memorandum
and indicate to the jury while it was de-
sired they should lrok at, and they keep
away from the ju;y entirely, while the
defense thought the jury could have mat
tiers pointed out to them on the spot on
request there made to the Court. The
State said they would take either course.
This matter was settled by agreement
that the Court should point out objects
to the Jury on request or proposition by
counsel, and the Court room was cleared
of the audience, preparatory to taking
the jury out.
VIEWING THE SCENE.
At 1925 the jury, Court, Clerk and
counsel left the court room and pro-
ceeded to Eleventh street, where de-
tail OF eight police were in waiting.
The Jury was accompanied by the
Sheriff, five deputies, the Judge, the
Clerk. counsel for both sides, and the
defendant, and the little procession at
tracted a large amount Of attention as
it went through the streets. AT EleV-
entb street a crowd of several hundred
people gathered in very few minutes,
but they were kept grouped at either
end of the street, where 1t runs into
Main and Market. The north sidewalk
was entirely closed to the public and
people were only allowed on the south
walk. on condition they kept moving.
The Jury were first grouped on the
north side Of the street, right at the
scene of the murder and there Judge
Campbell, after consultation with coun-
sci on both sides, pointed out to them
the various objects pertinent TO the
case. He also took the jury to the In
side of Prayers store, where DIR. BAR
died. and at the end OF twenty minutes
the Jury was reasonably conversant
with the lay of the land in the vicinity,
thew particularly noting the east second
story window in the house on the south
side OF the street, the ring In the curb,
two gas caps, one on either side OF the