The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-19

Judge Campbell spent Sunday at
home, and consequently court did not
open till quarter OF ten yesterday
morning. There was a fairly good crowd
in the auditorium for Monday, and the
interest seemed not to have waned 9
whit over Sunday. All day the crowd
was dense.
The first witness examined was M.
G. +. Brandiass. He lives on Fifteenth
street: has lived in Wheeling about
thirty wears; is cigar manufacturer;
has been member OF the City Council;
has known DR.. Garrison about six years;
his reputation as law-abiding citizen,
to his knowledge, has been good.
Cross examined by Dovener:
Odd you know him to bp a quar-.
relsome and contentious citizen2
Arnett-I object; our courts have
clearly laid down that the inquiry can
not 20 beyond the subject matter.
Captain Dovcner argued that the
question whether DR.. Garrison was
duarrelsome and contentious and
whether he had contended with loud
and angry words and had used language
that tended to create breach Of the
peace was the most important matter
to be proven. He said the mere ques-
ton OF his being law abiding citizen
hinged upon whether he had called
others vile names.
Col. Arnett spoke several minutes Of
the weight OF public rumor in such mat.
ters. No man but one who knowsot
his own knowledge can tell upon the
witness stand what has occurred,
Captain Dovener replied at length,
asking why any question of character
was raised at all. Tho defendants char
acter could have no bearing upon the
case where the shooting Is admitted and
the thing to be proven is the iustifica-
ton and excuse for committing the deed.
II YOU ask about law-abiding character
YOU must admit all questions OF unlaw-
full contention.
The court held that the cross-exam-
ination should be conducted within the
lines of whether the defendant is q
0uarrelsome man, one who provokes and
engages in guarrels.
witness knew that the defendanps char
acter was good, and he replied that he
knew it to be such. He then asked II
DR.. Garrison was notin his shop q few
DAYS after the time that DR.. Garrison
whipped DR.. Baird in the gas office.
He said he was.
Q.-Weren't there quite number Of
others there?
Al suppose there were.
O.-Weren't You congratulatine him
on having thrashed pr. Baird
Al don know ,that l did.
OIL don't mean that you ased thnt
exact language. 81,
Al think ] said i was glad ne had
come out OF that fracaa flnhnst
Q.-Your feelings are with the de-
fcndant, are they not2
.A.-No more than one friend for an
other.
Q.-You've been asstrong partisan Of
DR.. Garrison, have you not?
A.-No; think not. .
Col. Arnett objected on the ground
that there is no possibility of getting at
the facts in the quarrel referred to.
The doctor may have been in the right
and evidence that did not clear he
whole matter up should not be admit
ted.
The court enlightened out misun.
derstanding among the attorneys, and
Captain Dovener said he desired 70
show the partisanshipY Of the witness,
and asked il Mr.. Rraudfass did mot
know that DR.. Baird had been badly
beaten by DR.. Garrison Whenh he ohei1d
DR.. Garrison congratulhtions.
Nc prnF Il
that DR.. Baird had been badly ibrqised.,
His understanding was that Dr. Baird
had assaulted DR.. Garrison, and just as
they we're getting into the fight they
were parted. He understood that DR..
Baird's glasses were broken, and that
DR., Garrison had not been scratched,
He thought that very fair ending for
such quarrel, and he simply rendered
his congratulations to the man assaulted
because he came out unhurt.
Captain DOyener then asked II he had
not heard or read of DR.. Garrison call
ing DR.. Campbell and DR.. Ackernan a
- Mr.. Brandfass said he
had read in newspaper that DR.. Garri-
son had, after quarrel in the Board OF
Health, called DIR. Campbell such q
name by telephone, but he did not know
whether il was true.
j. a. Montgomery llyes on EleVenth
street; he has lived there two years.
before that time he lived at Whlte OaEsi
near West Liberty; he knew the de-
fendant's reputation to be good. On
cross examination he said he had been
seeing DR.. Garrison every few days tor
four or tive years, and nothing to