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

there has been a Singlar lacking Oh uuly
here that has not and which cannot De
explained.
1.-THE first thing you hear of this trag-
edy takes place in the gas office, ana as
| go along | expect to recall TO you the
absence here and there of facts and
omissions, which, ii explained, would
make what il is now dark and mysteri-
Gus as clear TO you as the MONDAY sun,
and when he who could explain them to
you did not, you must inevitably con-
clude that the explanation would not
have been of advantage to the defense.
Gentlemen, Doctor Baird is dead. You
can not have the benefit OF his story.
You cannot be acquainted by him
with story which would come into con
fict with that told by the defendant.
You cannot be told of how he came into
conflict with that strong man, in the
person of this defendant, who held him
in his grasp, and who beat that coun-
romance, beaming with friendship, into
an indistnguishable mass of bruises.
Gentlemen, let me call your attention TO
another thing. In that gas office there
was q Secretary, and clerks and the
regular attendants upon its dutles-aye,
more than that, those men were sum
mOned as witnesses in this case by the
defense, and they were present in this
Court room, but they were never called,
and the first light thrown upon this case
comes from an inner room and comes
from a witness who is prejudiced to-
wards the deceased, and yet who,
Notwithstanding that prejudice, does
not dare go 10 the length Of
the defendant and who Is
a living and impeaching witness OF
that defendant. Oh, gentlemen, what
will not man do when his life is in
peril? tell you that a man who would
kill and murder Il friend would not hest
tate. when that friend is lying in the
gloom of the tomb TO seek TO palate
that act. What is it? This witness
who has been summoned here from the
inside Of that room hears what? He
struck me-, and he recognized IL as the
voice Of DR.. Garrison. Who saw that
man attacked? The witness appears
to whom he said He struck me, and he
says the first l heard was Il blow. and a
fight. and the sound Of falling bodies,
and the exclamation, HE struck NE
Where is Albert FranZheim? Where
are the other witnesses? Where is
Shellhase? And why were they
summoned here as witnesses? They were
summoned, and they were in attendance,
and they were called and sworn but
they were never examined. Why? If
they knew of the origin Of this difficulty
if they saw DR.. Baird come in there
and make an attack upon this defend
ant, it was their right, 1t was their duty
to have summoned here that they might
have spoken in behalf Of this defendant
and to answer or not the assertion that
he was not the aggresSor. Yet, they
were content to learn the facts from the
lips of the living witness, and about the
only consolation they got out of it, was
that he was really living, and that the
other man is not. And when that wit
ness came in here, was there any other
reason given you for this? Why, he
said he came in and called me --.
You know the word. Do any two
friends meet together, Mr.. Robinson, or
Mr. Mahoney, or Mr.. Fisher, and use
such language as that? Did any friend
ship which ever existed result in that?
Did ever one friend come into the pres
ence of another, and use language like
that? Was that the first scene in this
tragedy? If not, why not? And if not,
then there is hidden mystery in the
breast and conscience Of this defendant
which he has not disclosed, and which
he dare not disclose.
Think over that, and then, as pro-
ceed. | would call your attention to the
fact that the defendant has re-
served to himself the Interpretation
Of all these threats. Yet there are liv-
ing witnesses here, who they dare not
call TO the stand. Who were they?
Franzheim was a witness, and yet he
was never called. What was the situa-
ton? If Dr. Garrison had treated Dr..
Baird in such manner that he had be-
come indignant, and hurled that cpl
thet at him, the like of which, it has
been said here, had never before been
uttered, they did not want the evidence.
And what about that fearful epithet?
| do not hesitate to say TO you that it is
a common eXpreSSion-that it is an idle
wOrd-meaningleSs in itSelf-it is only
an epithet. If | told it of you, Mr..
Robinson, that you were a thief, and if
you did not invoke the law, and resent
il by inStituting Suit against me for
SANDER, some of your acquaintances
might think that possibly it was true,
and that your were not falsely accused.
if should say of you, Mr.. Miller, you
are robber, or of you, Mr.. Fisher, and
you did not enter suit against me for
SANDER, and force vindication in