Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-21

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SHOWING THE JURY HOW He SHOT.
O.-How far was DR.. Baird away
from you? Al couldn't say.
Q.-How far were you from DR.. Baird
when you fired those two shots? A
Well. when l passed him | had taken
several steps, when l heard him coming
behind me and repeating the eDithetS,
and turned around and said: Don't
do that, Doctor" and he stopped and
drew up his hand-up like that-and
said: You dirty niger - and |
said: you must take that back" and
he said: "T'll take nothing back" and
| shot. l might have been fifteen to
twenty feet away don't knOw-Some-
where in that neighborhOod.
Q-When you passed DR.. Baird he
had his head over the ring? Al
didn't just see his head.
Q.-But his body was right at the
ring? Al didn't see the ring, but he
was at the head of his horse.
Q-And when you passed by, you
heard DIR. Baird following you? A
When passed by he used the epithet,
and l went on and heard him follow
! ing me, and l looked around and | saw
/ him advancing-after had taken few
steps.
O.-And you had got beyond DR..
Baird fifteen or twenty feet-in ad-
vance of him? A.-AS near as l can
tell couldn't tell exactly, under such
| excitement.
OIL understood you TO say you were
/ fifteen or twenty feet apart, and when
YOU turned around you were about that
| distance in advance of DR.. Baird. A
| | can't say as to the distance then, for
| | was excited, but here | can sit coolly
and think it over.
OIL know, but if you were fifteen OF
twenty steps, or any other distance, you
were that much in advance of DR..
Baird? A.-YeS-and when | turned
around he was advancing on me.
O.-Hor far was he from his horses
head? A.-To tell the truth, Captain,
l didn't see his horse or buggy, or any
thing for him: he was advancing on me
Il saw him advancing.
Q.-How did you know he was ad-
vancing-by his steps? Al didn't
look at his feet.
Q.-Where was he, then? Ale
was on the pavement.
Q.-And where were YOU? Al was
on it.
Whereabouts on that pavement?
Al couldn't tell.
Q.-With respect to DIR. Baird's horse
and buggy, where were you? Al was
east, but under the excitement | didn't
see DR.. Baird'S horse and buggy.
Q.-Then you couldn't say he was ad-
vancing? Ayes; my whole attention
was centered on DR.. Baird.
Q.-And DIR. Baird's on you. A
Yes.
Q.-Then how can you say he was ad-
vancing? Ale was repeating the
epithetS aud and following me-in mo-
ment man can take several StepS-the
whole thing was over in moment-in
two or three minutes after got off the
street car-he took several steps.
Q.-What indicated what it was
what Indicated the step or steps? A
] heard a noiSe-a man walking behind
me-he was coming hurridly-and my
whole attention was taken up with IL,
but whether he took one or two steps,
couldn't say.
Don't you know that 4 man can't
characterize it as walking until he takes
several steps-untl he takes three steps
or more? Al heard him coming after
me-walking.
Ole would take three feet at a
step-two feet and half at leaSt-that
would bring him back TO the buggy at
least? Al could not say; l didn't
see the buggy.
Odd you reach the alley, Doctor?
Al don't-to tell the truth, didn't
see the alley.
Q.-Wasn't you as far east as where
the barber shop iS-on the other side of
the alley? Al didn't know where the
entrance Of that place was till after the
/ trial.
Q.-You know where Switzer'S is?
Al know where Switzer's is: have
/ been In SwitZer'S once or twice.
Q.-Didn't you have your counsel ask
/ ing where Bvauter's door was and meas
uring? Al don't know about that.
Q.-And you don't know that you
crossed the alley? Al won't say that; /
don't know where l was on the street.
Own you say under your oath that
You had not advanced east on the north
side of Eleventh street at the time you
turned around? Al don't remember
of being in any particular place or with
reference to any particular thing;
don't know where was, except that l
had taken a number of steps-maybe
fifteen or twenty steps or maybe thirty
steps-I don't know how far?
Q.-After you passed DR.. Baird? A.
Yes.
Q.-You may have done so? Al
may have done so; have no recollec-
ton about it, except that / walked
several steps forward.
O.-When you turned around and
saw him put his hand on the lapel of
his coat, you saw there was nothing in
his hanG9 Al didn't say he put his