Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-16
Still At IT.
The State Will Not Rest
Until this Morning,
STRONG TESTIMONY YESTERDAY.
Minnie Marshall Telling Where She
Saw DR.. Garrison.
A BIG RACKET OVER THE LETTER
Received By Dr.. Garrison About the Middle
Of Last January---The Court at
Last Allows it to Go
to the Jury.
STRONG TESTIMONY YESTERDAY.
A BIG RACKET OVER THE LETTER

was opened by the defendant coming
into Court at seven minutes before nine,
closely followed by the jury in charge
of the Sheriff. Judge Campbell came
in lust at nine, but counsel were few
minutes late.
At the opening Mr.. Howard said all
the witnesses examined by the State
were in attendance, and as the State
would not need them again, he suggest
ed it would be better, If the defense
did not need them, that they be dis
charged, as it was very expensive to
keep them here. The defense ac-
ouiesed, except as to four they de-
sired to croSs.examine at a future time.
The matter was thus arranged.
DECISION BY THE COURT.
The Court then took up the matter to
strike out the testimony of Miss Fannie
Baker, made on Thursday, and read
over transcript of the evidence, made
by the steDographer, and indicated what
portions should be omitted, they re-
lating to things said to witness by Mr..
Prayer and Dr. Baird. This
carried with it the words OF
DR.. Baird to Miss Baker, Its
nothing, it's nothing, it's nothing"
and the defense, not especially desiring
this, raised the point as to the exact
scope of the motion. The stenOgrapher
referred back, and found the motion
was TO strike out all after the first ques-
ton asked Miss Baker, "What did DR..
Baird say?" The Court also said that
most of this was brought out in cross
examinations He ruled the charge
itself was admissible, on account
OF its relation to the res
jesta, but all not directly
responsive to the act must go ont. His
statement, sit is nothing" stood on the
same bases, with regard 10 the res jus
to- as though he said, I'm going TO
take off my boots" or I'm going to
Europe" The defense demurred TO thi,
but submitted, and the words went out
with the rest, including "Shut the door
and lock it," and "I'll go to the back
part of the store where the crowd can't
see me " and 81 don't know what you
can do" together with certain eXclama-
tions made by the lady, such as "Oh.
| Doctor Doctor" which was especially
objected TO at the time. The question
By Mr.. Prayer, Doctor, won't you lie
down." was also struck out, and the
Doctors later statement, 'I'll lie down"
Witness statement that she screamed,
was also cut out by the Court.
VIM. elites.
Q.-Where do you work? A.-Em-
sinners, on Eleventh street, on the left
hand side, going up.
O.-What stores are on the other side
of Eleventh street? A.-Switzer's, and
the plumbing shop and Prayers store.
Q.-Do you remember when DR.. Baird
was shot? A.-No, sir; l don't remem-
Der.
Q.-When You say you don't remem-
Der, what do you meau? That you don't
remember the date? objection.
Q,-What do you mean when you say
YOU don't remember when? Do You re-
member the date? A.-No.
Q.-Do you remember the day of the
week? A.-No.
Q.-Where were you when he was
shot? An the third story Of En-
sheimer's.
Q.-What were you doing up there?
A.-Folding papers.
Anybody with you? Ayes.
O.-Who was with you? Am
other boy who works at the store.
Q.-What was the other boys name?
Ais first name is Glenn. | don't
know his last name.
Q.-What was the first thing that at
tracted your attention to the shooting?
Al heard something shoot, and
went to the window and saw Garrison
shoot the second shot.
Q.-Stand up and show the jury what
you saw DR.. Garrison do. How did he
point the pistol? Ale shot DR.. Baird;
he held his arm straight out, like that.
illustrating.
Q-Try and put your arm in the same
position you saw DR.. Garrison have the
pistol. A.-About that, l think. II
Illustrating.
Odd you see DR.. Baird do anything
to DR.. Garrison? A.-No.
Q-Whcre did DR.. Garrison go? A.
Down Eleventh street?
Q.-Whcre did DR.. Baird 20? An
Prayers store.
CROSS IN ANIMATION.
Q.-When you sworn? A.-The first
time was here; last Friday.
Q.-How old are you? A.-Thirteen
years old.
Q.-Do you know what it means to
take an oath? Ayes.
Q-What is it? Al you tell lie
you'll 90 TO the bad place.
Q-Was you employed at Mr.. En-
sheimer'S? A.-Yes.
Q-On that morning you were In the
third story? A.-Yes.
Q.-And you don't know when the
shooting was? A.-No.
Q-Don't know the month it was In?
A.-No.
Q-Don't know the day Of the month?
A.-No.
Q.-Do you know the day OF the
week? Al think il was Friday.
Q.-Wasn't il on Saturday? A.-No.
guess IL was on Friday.
Q-How many rooms are in the third
story? A.-Three.
Q.-And what reom were you in? A.
The one next the pavement.
.Q.-And yoU were doing something