Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-26

y llIlIt luI Gucl, ItltII4u- 20 the fr.r
the defendant must have felt. he said
DR.. Baird was going 70 Mrs. Knigb,'<
his steps would have been after DR.. l2,.
rison, and if, hearing them, DR.. Carr.
son feared violence from Dr. Baird. h.
had a right TO shoot, even though q.
Baird was not after him, but was res..v
going into the house. He had a right,
shoot if he had that belief az the tine
even if it afterwards turned out hc w.,
positively and utterly mistaken.
Col. Arnett then took up the matter n
the revolver carried by DR.. Baird. and
found in his pocket after death, and
made the claim that ian attempt va,
made by DR.. Baird to pull il o..
as sure as the night follows The day.
That such an attempt was made. +,
proven by the fact that the hammer
was fastened in the lining Of his pocket.
1t was in condition Dr. Baird would
not have allowed it TO remain long be-
would have changed it fer comfort
sake, if for no other reason. You may
say this is speculation, but say 20
you that all speculation is permissible
in favor of the defendant. The law de-
mands no victims, and it wants.
no innocent man 10 suffer
If there is doubt about
it, you must give the prisoner the bene.
fit of it, and in this view, say the pa-
sition of the pistol indicates that an f.
fort was made to take it out. and fall
ing, an attempt was made to unbuu01
the coat and bring forth the instrgHel,
of death. He had that pistol. liLe
had it for purpose. He did not carry
it habitually, and say that with heW.
most respect for those who say ne Old,
for another witness, near neighoor
saws that but short time ago the de-
ceased declared to him he did not habit
ually carry such weapon.
The Colonel next took up Dr.. Baird''
words, spoken in Prayers, after be was
shot, "Dr. Garrison did il, and repeated
the statement made by Mr.. SOmmer-
vile that If DR.. Baird had been wrong
fully assaulted and shot by DR.. Baird,
he would have said so. "He didn't then
say so, because he could not say T.
truthfully at that supreme moment
C3l. Arnett then took up the evidence
of the witnesses of the shooting,
one by one, and went over the
testimony in the greatest detail. COM
menting, making explanations. deduc-
tions, surmises and theories. often of
the most ingenious sort He defend
the witness Baker, crtiSed John Arm
strong and the Walton children, aad
the girl Fanny Marshall, aai all tie
rest, and made an argument marSat.e
for its general ingeniousne>s and III
great earnestness. Ever and anon be
held up to special ridicule the arsn-
ments and theories of the state, and
made many effective points.
Proc oeding, after his review OF the
evidence, with his deductions and arcl-
mentS, be said
Gentlemen of the jury, don't 20
think it was terrible thing for a man
to be bounded in that way? Ough'
there not 10 have been an end OF il? b.,
there was no end TO il, and as he passed
Dr. Baird there on Eleventh street. b.,
G irs were saluted again with that ylc
epithet. But he went OF, going aOol.
his business, when again he heard IL
and in addition he heard the footsteps
of DR.. Baird coming behind him in his d.
rection. Hearing him approach, he turn
ed about and said: Doctor, don do that
And what was the answer? III bIoF
your d-n dirty head off,. and besides d
repetition of the epithet. You dirty
nigge.. - DR.. Garrison turned ABOUT
and saw him-saw him coming, his face
red with anger, and saw him placing DIS
hand on the lapel of his coat. as u 20
suit the action TO the words, I'll b.o"
your d-n head off, He had heard ,le
same language before, and he knew Do
would put the language into execute.
with lightning like rapidly. WIN 4D
this knowledge, and with the epiLr'
ringing in his ears-believingt ha' ~
intended TO execute MS th!e4'
and with the full knowledce 'A@.
something must be done-ku0wias 'l~'
something must be done 10 takctlf' '-
the future, of his bright prauls .!
and his wife and child, or. or .lr o'-.
hand, that he must submit 70 o..l-
flied and abused and asSalled L"','
DdII VI WIS Eltdb Oiby h"i 4'+
did, with these things in his niin0' " '..
did he do? He did what every >eA''.
man would have done-tired a >no'
seeing no apparent effect-'eel'-
enemy still standing before h'"
vision perhaps obscured by -n' ,D .cs,
of his pistol-he pulled me I. ,,-r.
again, and then. seeing DR. b"L' W..
away, he turned and went aU'''
business. ,..o,..
you have been told wha, 800 An .y,
can Jury ought 10 do-what 'ei ''.' NV
ought to find. VIII an American .-' ''
say that man shall suffer a. ,H. .. "'r
has suffered-or that, unl'' sF.r
stances such as surround MN Nd an
act as this man did? What Won .~.
American jury say-but ina. o,fer
justified. But gentlemen Oh -. .Lo irry
side say that it is to be let 10 -. i..c.
I can say TO each of you tha' Nia ,,rbst
and in doing so, can repea' man
said to you this morning una ,,t g. wogj
is TO be bounded in that way '.'.,o,ie Of
not be worth the living. NJ and
this community are law-ao.u."d With
law-loying. and those connec'' ~,
, ID" family Of the deceased
unusually so, but il tne brict.
was true, life on In., a. Worth
sun-kissed earth would hardy .. .o.r
the living If one had to suOm. 5Io.,y..,.1.
an existence as has here been u'p' te,s
D. pn, Tho defense say. He mlsnII , r
i bus onS down down an alley. Gent.eu'
escaPeu ~ 10 law and ii is lot rrA,.~
fC0alinucd on Serc'h Pag<.