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

il was the evidence or the soul, WelllhS
NJ like the lava of volcano, that the
man did not intend to 90 10 any such
extreme. You know how he has avoided
mis- enemy, turning down an alley here,
hurrying around corner there, turning
his back again at another place, TO eS-
cape meeting him, and yet, after stand
inc II for months and mOnthS-he knew
he had been denounced and threatened
and reviled-and yet not one single
word has been brought into this Court
said by DR.. Garrison after he had been
abused as no other man on the race OF
the earth had ever been. Gentlemen,
that is not the stuff murdererS are made
of. If. he is such. why, when he met
DR. Baird on the street and had fired
twice, and he was still there, did he, not
shoot again and again and kill his
enemy? And why did he not shoot on
previous occasions? Oh, no, gentle
men. he had no idea of taking the life
of DR.. Baird, and no one who sits within
the sound of my voice regrets this ter
rible thing so much as does DR.. CARR
son. Like the man in the "SilVer
King" who had difficulty with his
enemy and supposed he had killed him,
and who went up and down through
every cline and through every country,
CRYING out, "Oh God: give me back yes
/ terday," it has been constant petition
with DR.. Garrison: Great God, turn
back the cycles of time, and let me
stand again where | stood on that awful
morning; let me stand again as did
when | left that home and that family,
some of the members of which | have
not seen since"
"Gentlemen, in the vicisSitudeS of an
evil fortune, and in the cross-purposeS
of an eventful fate, it became necessary
for him, to preserve his own existence
TO take the life of another, and that is
something which will be an eternity OF
regret-SOmething which will leave him
never more. 1t was compulsory. He
had either tor he believed it, and
firmly believed it-he either had to kill
or be slain himself, and doing that. he
now eternally regrets that fate made it
necessary.
but again, on the theory that he
took the life of DR.. Baird maliciouSly.
You have heard the testimony of w. H..
Fee. The language of Mr.. Fee would
signify nothing of the import that gen
tlemen on the other side are attempting
to give it, because the law presumes
everything in favor of the defendant,
and nothing against him, and If it
took place. which we deny, it would not
be what the State has attempted TO
make it.
You have heard the testimony OF DR..
! Garrison on that point. Isn't IT strange
that no man was ever told by either
Mr.. Fee or Mr.. BeanS-that no man
was ever told of what had been said
until after the death of DR.. Baird?
And in addition to that, Mr..
Beans allows it to drop from his memo
ry, only to be brought back by the trag-
edy. That shows that ii the language
was used, it had not the meaning at
tributed TO it. At that time no trouble
had occurred to DR.. Garrison. No evil
fortune had yet fallen upon him. He
was still Health Officer of the City OF
Wheeling, and there was no reason Of
that sort for his using that language,
for. mark you, he was still engaged in
the duties incident to the office of
Health Officer. and | suggest this in the
light of the enquiry propounded TO you
few days ago, did you not kill DR..
Baird within a few days after you left
the position of Health Officer? That
wa, intended TO appeal to you,' gentle
men OF the jury, but how or why. do
not pretend 10 Imagine"
Col. Arnett then addressed himself TO
a consideration of the crime of murder
in the first degree, and again pointed
out that the only witnesses the State re-
lied upon TO prove deliberatiOn were
MeSSrS. Fee and Beans. They alone
were relied upon, and yet Mr.. Beans
esteemed DR.. GarriSon'S statements so
lightly that he allowed them 10 pass out
of his mind and paid no further atten-
tion TO them. He had no idea of saying
that the two witnesses named did any
thing else than give their best recOlec-
tion but "when you remember that you
must give the defendant the benefit Of
any doubt you can have no trouble on
that score. You can speculate aud
philOsOphiZe as much as you please, but
not against this defendant; it must al
WAYS be in his favOr-aud, therefore
you may say that il must have been this
language used to Mr.. Fee and that Ian
gmage used to Mr.. Beans, yet when you
come to speculate about it in that way
you are bound to dismiss the whole sub
iect of the intent, for if you have any
doubt about it at all, it is TO be resolved
in favor of this defendant"
He then took up the subject OF muir
\ der in the second degree, and there
again said:
you cannot, under your obligation,
say against this defendant, lit may be
so-and-So,' but, by the eternal, tits So
and-So'-If you do not, you violate
your oathS. You may reason from one
] fact the logical existence of another,
but that can only be done in the in
tereStS of the defendant. You cannot
speculate against him. You may say
| that in moment of excitement DR..
Garrison used to Mr.. Beans the lam
guage he said he did, and we can act
upon that. You cannot do it. That Is
doubt, and you cannot act upon a
doubt"
The question OF voluntary man
slaughter was then discussed and upon
that point he took occasion TO say that
"Dr. George |. Garrison is as free from
crime as any man upon this jury or in
this audience. and he has shown it. He
is utterly and absolutely as innocent as