Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-27

that witness-the only one who under
takes to speak of that depression
in that gutter, fifteen feet
away from where he really stood. They
have selected witnesses who can not lie
to correctly locate the position of the
body at the time the second shot was
fired, if DR.. Wilson had not settled it
long before. DR.. Wilson and DR.. Ulrich
were Ola the stand-doctor after doctor
went on the stand who were personal
friends Of the defeDdant-men with eX.
perience who could have told this jury
and who could have given the defense
some information better than the bare
statement of Mr.. Sommerville, but they
were not asked the question. Why!
! Because there can be no question ds to
! that
NOW, then, let us come to another
thing. There is another point to which
| want to call your attention, and that
is the difference between human and d.
vine law. With the Divine law we have
nothing to do. 1t is with human law,
formed for the safeguard of society,
! that we have to deal. In the early dawn
of time, when God had in contemplation
the creation of man, He called about
Him His angels, and among them
were Truth, Justice and Mercy.
And He announced His de-
termination, and Truth said Create
him not, 0, Father, for he will deny the
Truth, and Justice said Create him
not, o, Father, for he will deSecrate
Thy temple and fill the world with muir
DER but Mercy said Create him, O,
Father, for | will follow him up and
down the earth, and by the expiaton OF
! his own wrongs, bring him back to
Thee 1t is his own wrong which we
are bringing back to this defendant.
And it is not to punish him, so much as
it is to afford an example that others
may not do likewise.
at has been said here that this little
child will always be branded if you con-
vict this defendant. What has that to
do with it? 1t will excite our sympa-
thies, but it will not change the
mind of any man that the
law has been violated, and that the
father has deliberately taken the life OF
a man. Is he to be turned loose for that
reason? Is there to be no
conviction because of this little
child? Oh, no. l do not speak
of these things because they have
anything to do with the case, but be-
cause they have been referred to on the
other side as reason for influencing
your verdict.
''Tak about children. l remember
the story of little child who was found
in pitiable condition, and who was
taken up and warmed and fed and
clothed, and who, when a few days later
it was watching for the return OF the
good Doctor, was told, You need watch
no longer for that good Doctor, for he
! has gone to that borne from which no
traveller returns That appeal on be-
half of a child has no business in this
case. Let it pass, and let us come to
the evidence in this case.
81 now propose to take up this ease
from the States standpoint, and to
show you that there are all the elements
| of reconciliation, Of malice and Of fore
thought wrongfully taking the life Of
another, crime for which there is no
excuse. And there is the evidence to
back that up. There will be no more
going back to the gas office. / have
done with that, and we will go forward
to the scene of the murder. Imagine ii
you can the deep-seated malice and
hatred-how it was nurtured, and how
it glowed and grew until itburst forth in
frenzy which only murder could
ouench. He would have you believe
that General CALDWELL who sits there,
had such a fear of trouble that he
skulked away, in the language Of Col.
Arnett, and he goes over that incident
on the South Side, and tells you that
the ngrattude to his uncle was such
that he felt in his own mind that he was
not doing right to associate with the man
who had been so ungrateful, and that
simple as a question of tact his own I'M
Gle should not know Of his association,
and yet we tell you that DR.. Garrison,
in the full glare of the light, without
fear and without alarm, walked in
Skaters store, showing, as we claim,
that he had no fear of Dr. Baird. And
yet this defendant would have you be-
lieve that General Caldwell skulked
would murder DR. Garrison on the spot,
and he did not want to be witness of
the crime.
"Let us 60 a little further. My
friend says there was no threats Tell
mo, who has testified here, outside of
George Baird and DR.. r. NJ. Baird, who
can be suspected even of coloring any
thing against this defendant? Tell me
one single thing that even those
whom | have excepted have said
any single person, who has
colored anything or set down
aught in malice. And oh, did it ever
occur to you, in connection with that,
that when it comes to showing the
habits of the old man who, when an
swering the calls for aid and for help,
by night as well as by day, that he had
habits of timdity and carried a re-
volver for protection-did it ever occur
to you, when we attempted TO show that
habit by his sons, that we were to be
twitted because we did not drag that
worse than widow on the stand and have
her look into the eyes which, glancing
along the pistol barrel, left her in
mourning. Oh, the desperation which
would bring out that sorrowful examin-
ton. We are net here, gentlemen, set
ting stage, but we are appealing to
your reason, and asking you as Ameri-
can Jurors to announce that an Ameri-
can jury will not say that when man
has, with malice aforethOught avenged