Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-27

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court of justice, it might be that some
would believe it to be true. But when
| use the expression in question here,
meaningless of itself, who in Gods
name. from the very foundation Of the
world down TO the present time-from
the moment the expression was coined,
down 20 the last time it was used, would
ever believe that it was true. Why,
gentlemen, it's what, in the Police Court
in the other end of this building, they
impose fine of one dollar and cost for.
It's sort of thing a magistrate merely
binds over for. 1t is that, which, in
Virginia, it was thought, when one gen
tleman applied to another, there was no
law, however light, to apply for it, and
people were called out as the only re-
dreSS-there was not even the shadow
of an ofTense in it at the common law
and it was from that that the statute
came which has been spoken of here
making the language malicious and ac-
tionable at law. And yet for a thing as
light, as that, for which the law affords
an ample redress. murder was to be
committed.
sit has been said here that it was the
intention to drive DR.. Garrison from
town. Why, gentlemen, if DR.. CARR
son had wanted to drive DR.. Baird from
town, there was no better way than to
have brought him into court of JUS
tice and have shown the use of that
epithet up before jury of twelve men
and have obtained verdict for that
which the foul tongue of SANDER had
urged against him.
Now, then, when this old gentleman
but have said that we know nothing
of the provOcation or the rupture eX
cept what comes from the defendant,
and we have to accept the defendants
statements, but when we cannot do
that, we learn that the defendant is in
great bodily harm-that he is in danger
of his life. Have we proof Of that? All,
no: and yet he kept his word, and he ex-
ecuted that sentence which the living
God reserves 10 himself. Then did we
find him in peril in the gas office? Oh,
no: this old man, who has been the
friend of his youth, and who had
stood by him in darkness and in sun
shine, is clutched in the embrace Of that
strong man, and he is there belabOring
and beating into shapeless mass the
face of that old man, SiXtythree years
of age. and then when that old man,
rescued from the peril of great bodily
harm and injury-and let me say that
DR.. Baird would have had a case Of self
defense if, when he had been released
by the friends who came TO his aid, and
other friends had taken his assailant
into the office, he had shot him. Why
should he not desire to 90. Evidently
his friend had suffered disgrace and in
jury, and his vengeance was glutted.
And then, because that old man, smart
ing in his Indignation said I'll Kill
YOU he imagined he stood in PERIL
1t was an idle threat-as meaningless
and empty as the epithet which accom-
panied it, and from that day-from that
time to his death-Dr. Garrison never
heard that old man say I'll so much as
raise q finger against you That was
the fact, and yet that morning in March
he took that life, and sent that soul into
the presence of an all-wise God unpre-
pared and unannounced."
The Captain then took up the evidence
given by Mr.. Lashley, and said he was
pressed by Col. Arnett. "Why? There
was defense to be manufactured here,
and so, in order to emphasize the threat
to kill, they try to get him to say i
hereby notify you having reference to
Il future time. But Lashley tells you
he never heard any such thing. Mr..
LaShley tells you that never took place,
and he says he heard all that did take
place But when the defendant comes
on the stand he says it did take place,
and he adds to the idle threat by putting
to it the clause, i give you fair warn
ing That was foul prediction by the
defense of crime for which there was
no excuse.
But he said he would never let up.
Never let up what? Why, I'm opposing
this man for political place | believe |
he's not fit for it. You'd better let up
No, won't letup. Does that mean that /
at some future time I'll kill this defend !
ant and deprive his family Of his sup
port? No, not at all
"From the day of that conflict up to
that fatal morning, tell me one single |
time when there was one threatening
syllable from DR.. Baird. Tell me a
single one. Can you justify without
evidence? Can you justify with threats
uncommunicated? Can you Justify |
with deeds unperformed? No; they
only show the state of mind into which |
this defendant had gotten. ! under
take to say that out of the mouth of |
the defendant in this case, independent |
of the evidence, he could be proven |
guilty, and have often thought, gen
tlemen of the jury, that the law which |
enables defendant to go on the stand !
was not wise. But this defendant went
on the stand as witness in his own
behalf and on his own evidence i'm
peach him and charge him with murder
In the first degree, and that with de-