The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-06-06

tneTe lllht cunuhy night. SOlOuel AIneIl
then asked: Didn't yon and your wife
and Mrs. Martin go to church last Sun
day night, and weren't you going home
together when Deputy Sheriff Peterson
here2''
Ayes, that's right, butwewere not
together.
.. Didn't Mr.. Patterson come along
behind you and hear you talking with
Mrs. Martin?
Ale came along behind US and
gayelme the paper, but do not think
we were talking.
Weren't you there together?
AL was not walking with her.
Colonel Arnett then asked how he
could tell Mrs. Martin what could be
done with Dr. Garrison when he did
not know what he was charged with.
Witness said he had not said he did not
know what he was charged with. He
did not refer particularly to DR.. Garri'
son'a case, but to the penalties that the
law inflicted under some circumstances.
Mr.. Evans said he did not have any
talk with any one about the case after
that Wednesday morning, because the
court instructed him not to talk about
the case. He could not remember hay
ing talked with Samuel Nickison.
On the redirect examination he said
that James Russell had come TO his
house, but had not asked for rent. They
had talked about opinions and lie had
said that he had an opinion and had
told the court that he had, but had said
it was not "carnal" opinion and Mr..
Somerville had corrected him by asking
ii heidi not mean that 1t was not
fixed opinion. In explaining his opin-
ion hesaid he meant that he was not
able to determine what the punishment
should be till he had heard all the evi.
dence. The court then went into detail
with him as to whether he was in such
state OF mind that the evidence would
have to BIO heard to determine the pun
| iShplenk or whethceit MOULD, be. to de:
termine the guilt or innocence OF the
prisoner. Witness cleared up his mean.
ing, and stated that he had meant
his view Of the guilt or innocence OF the
prisoner.
9thA0 OlhhA Az AAAAAsNs
DIR. Talbert was next called. He
had q talk with Joseph W. Robinson on
Thursday Mayo; it was before dinner;
he mentioned it to his wife and q man
named Henry Dies; he heard no more
OF it till.he got his summons; he did not
remember having talked to James Rus.
sell he came in on the motor week
ago Yesterday; he lives in Triadelphia
district near Dallas, above Triadelphia;
on iatdayhe met Mr.. Robinson between
Tenth and Eleventh streets; between
the place where Eleventh street from
Main, comes into Market, and Eleventh
street goes up to Chapline street from
Market; he thinks the time was before
noon; he can not remember where he
was going or coming from when he met
Robinson he had been down across the
creek; had been going about town; a
neighbor had died and he hadbeen sent
in to notify his friends; Robinson spoke
OF him taking note out to his family;
Robinson did not send the note out; a
conversation came up; witness said he
had never formed an opinion; Robinson
said he did not see how that could be ii
he had read certain paper, naming it;
witness said his eyes were weak and he
had not fead much and did not want to
Robinson turnedandpointed down Mar
ket street and said DIR. Garrison had
turned the corner and followed DR..
Baird to Prayers store where he shot
him; Robinson said the -
ought to be hung.
Question by Dovener-What official
position do you hold out there in the
country,
Aim a farmer.
Q.-Aren't you something else?
A.-Pma school trustee.
Q.-Isn't Mr.. Robinson school trus-
QAad you've had some trouble
A.AWe'ye had some trouble.
Q.-Lester Bates is school trustee?
A.-Yes, sir,
Q.-And you've been kind OF holding
together and making afiidavits in the
same line?
A.-Ihat has nothing to do with it.
Captain Dovener then cross-ques'
toned him as to how he and Mr.. Rob
inson stood when the conversation took
place. Witness said Robinson was
standing with his back to the west, and
that he turned to the south and fol-
lowed his finger around to Prayers
store on Eleventh, saying that was
whore tho shooting took place.
Brice supler and Mack McCausland
and Newt McConn were there part OF
the time but witness did not remember
whether they heard the talk ornot,
Capt. Dovener cross-examined the
witness at length to show that Supler
and McConn were present at the time
and must have heard whatever was
said, but witness insisted that he did
know whether they heard anything or
not. Court adjourned for dinner with
Talbert on the stand.