Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-20
THE DEFENDANT 7
Takes the Stand in the MUIR
der Trial.
EXCITING SESSION OF COURT.
On CroSS-ExaminatiOn He Tells a
Dramatic Story.
THAT LETTER FULLY REVIEWED.
Dr.. Garrison Tells How He Had Taken His
Gloves off, and How Often he Had
His Hand on His Revolver,
at Critical Times.

There was light audience present at
the opening OF Court, yesterday morn
ing, not over thirty spectators being in
the chairs at nine o'clock. AS pre-
liminary, two or three cases crowded
off the docket were continued generally.
The first witness called was
WNI. II. DINiNiY.
To Col. Arnett-I am Jailer OF Ohio
county, and have been for two years and
a half; knew DR.. Baird and | know
DR.. Garrison; some time in last Novem-
Der | called DR.. Garrison to the jail to
see coored man shot by Barney
Moran; we were out on the pave
ment, and Bernard Zook came
along; Dr. Baird came along and drove
up TO the curb and leaned out, and said:
you Cd ID -" DR.. Garrison
asked, "iid you hear that?" then he
said: That's the way the man always"
lObjection by the State; argument;
witness asked if DR.. Baird was present
when the last remark was made, and
said no, he drove right on. Objection
sustained. Dr. Baird was very near
the curbstone when he spoke-within
three or four feet
There was no crosS-eXamination.
ALEXANDER GARDEN.
To Arnett-I live at No. 3O13 Chap
line street: ! have lived there three
years, in April; before that | lived in
Monroe county, Ohio; l am an electric
street car conductor, between Tenth and
Forty-third streets; have been on the
line over year; | remember the morn
ing DR.. Baird was shot; it was March
9TH; know DR.. Garrison when | see
him; | have no personal acquaintance
with him: | saw him on March 18th; ne
was on the platform OF car d. with me,
from Tenth 10 Eleventh streets with me;
he pulled the bell at Market alley, and
a man got on, and he said he guessed he
would go to Eleventh street; the alley Is
at Stone 4 Thomas, and runs east and
west: its about the centre Of the squares;
the object of his pulling the bell was 10
stop the car-One tap: he pulled 1t right
above the alley, and gentleman stepped
on right in front of him.
To Dovener-T car did not stop to
dead stop at the alley, but 1t stopped
enough for man to get on, and
enough for a man to get off: there are
TWO sides TO the car
To Arnett-I did no hear the Shots
IL was about fourteen minutes toeieven.
To Dovener-I DON'T know when the
car before me left Tenth street; they
ought to be five minutes apart; that
would be 1910, if it was on time: was
on time; had seen DR.. Garrison before
Just to know him; a great many peo-
pie got on the car going down; thirteen
or fourteen got on at Tenth street: We
waited at Tenth street long enough to
transfer the paSSengerS-two or three
minutes; the distance from the alley to
Tenth street was about half square
$50 feet.
Q.-Then the wait at Tenth street
was to get on car to ride about 100
feet? Alt is about that-hat
block; he got off in front Of Lash'S; the
car did not stop, but it was going slow;
about as slow as at the alley; there was
nothing to prevent him getting off at
the south side of Eleventh street; we
didn't stop there: no one asked us to.
BY Arnett-Q.-Wh if anything,
do you know about delays at Tenth
street? A. Not any; sometimes there
are delays by wagons, etc. l don't
know that DR.. Garrison was delayed.
To Dovener-I don't know A. C. Har
rell; | don't know whether any one got
off at Twelfth street, as far as | know;
we always stop at Twelfth street, that
is a rule OF the company, whether any
any one gets on or off or not.
W. W. HAMILTON.
To Arnett-I live on South Penn
street: about No. 90; | have lived in
Wheeling all my life, except four years;
| work at the La Belle: knew DR..
Baird and | know DR.. Garrison; had a
conversation with DR.. Baird, about DR..
Garrison, a short time before his death;
it was, as near as | can recollect, the
Tuesday night week previous to the
shooting.
Q.-What, if anything, did Dr. Baird
say? Objection by the State.
OWN you state any threat or dec
laration of hostility made? objection,
Capt. Dovener saying "Oh, no." State
said they had no objection, il it was
shown it was 4 threat; argued, Mr..
Howard calling attention to what had
been said by the witness Bauman Mon
day, which the Court had then intima-
ted was improper; the witness might
conStrue declaration of hostility into
threat, as Bauman did, and it was mani
testify improper; it wasn't right to get
language before the jury, and then ex-
clude it because it would have an effect;
objection overruled.
The Stenographer-Q.-Will you state
any threat or declaration of hostility
Col. Arnett-By Dr.. Baird to DIR. Gar
rison?
Objections; sustained.
Q.-What did DR.. Baird say? A
In answer to my question DR.. Baird
said interrupted by State DR.. Baird
replied: cpl never be even with that
until"-here, gentlemen of the
jury, I'm not positive whether the
threat was until l cut his d-n heart
out" or until cut his d-n throat"
but it was one Of those two.
Continued on Strth Page.