Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-14
up l don't know; saw him cross at
Dusch'S barber shop.
CROSS EXAMINATION.

CkOSS EAaMlNAIlON.
Q. [By Sommerville. Il understand
you to say you were resting on the win
dow, what was the matter with you:
Al had been a sick man all winter,
and | was fixing up my little show win
dow, and felt little tired and l was
resting.
Q.-Hpw long had you been sick prior
to MarM eth? A.-Of and on since
Christmas a year ago; took the grip,
and was sick on the evening OF the
shooting; that day | took the erysipelas
and was in bed about four weeks; when
| was confined 10 bed, occupied the
room right over my store: my physician
was DR.. Baird; don't know how long
prior TO March 18th he was there; not
within month or six weeks, but
wouldn't be positive; my best recollec-
ton is smoothing at all, but it was not less
than month, DIR. Baird came to see my
daughter, before the shooting.
The witness was cross-eXamined on
this until Capt. Doverner objected TO any
more of it, and said it was of no earthly
importance. The Court told counsel to
go on, and Mr.. Somerville went on to
question the witness about his sickness.
The witness was finally asked ifEhe
had not "gone out there" to call Or.
Baird in, and he said no; he did not see
him until the shots were fired. The
witness was annoyed at some Of Mr..
Sommerville's attempts to shake him,
and protested that he was under oath,
and said he had come there without
prejudice, and did not propose to be
bully-ragged. Counsel fell into wran-
gle, whereupon the Court sharply called
for order, twice, and said there must be
an end of the trouble.
Q.-Isn't it fact that your attention
was first attracted by the first shot?
Al have said that my attention was
first attracted by DR.. Garrison saying,
Take that back"-that's what | said.
This led TO another wrangle, started
by Mr.. Sommerville saying that was not
an answer.
Finally the question was restated,
and the witness said mo, sir"
Q.-Isn't it d fact that you We're in
your second story when that shot was
fired? A.-No, sir.
Q.-Mr. Switzer, do you remember 4
conversation with me about this shoot
ing some time ago? Ayes; Iremem-
Der several conversations, when | was
not under oath; l did not want to come
here.
O.-I have asked you about CONVEX
Sation you had with me-not several
conversations-you do remember that
conversation? A.-Yes, / remember IT.;
of course remember it.
The witness wanted all along TO tell
about that conversation, and MIR. Som
merville did not want him to tell, and
this led to more trouble. Finally, after
much time had been lost this way, Mr..
Sommervile asked if he did not see
him in his sick room, telling him he
went out on his upper porch to call in
DR.. Baird, and the witness said he did
nothing of the sort Mr.. Sommerville
kept putting questions and aggravating
the witness, who in turn aggravated
Mr.. Sommerville, and renewed
wrangle occurred, which the Court
ended summarily by telling Mr.. Som
merville, with considerable emphasis,
that he must not interrupt the wit
ness. who must be allowed to answer
questions when put 20 him. The matter
was finally settled, and the witness
and Mr.. Sommerville got on all right
for a time, stating his version OF the
with Mr.. Sommerville,
and endeavoring 10 have Mr.. Sommer-
willie recall his saying that the act OF
DR.. Garrison giving himself up was an
acknowledgement of his shooting at DR..
Baird. Mr.. Sommerville and the wit
ness 90 off on to what the morning
papers had printed, and there was an
other long and sharp wrangle between
the two, in which there was much evil
dence of an irrepreSsible conflict. The
trouble kept up, to little profit to any
one, and finally the witness said he had
made statements when he was not under
oath, because he did not want to be
hauled out on damp, wet day as a wit
ness. An officer had come to him and
asked if he knew anything about the
case, and he said no. Now he was under
oath. and he was telling the truth, but
he had not thought it necessary TO run
around telling every one what he
knew. He had repeatedly said he
knew nothing about it, and when he
talked to Mr.. Sommerville, in his SICK
room, he wouldn't be summoned as a
witness, and had told him he didn't
know enough about the case to be OF
any use TO either side. 81 thought SO
because DR.. Garrison gave himself up;
if he had run off, would have thought
it would have amounted to something;
by his giving himself up, thought my
testimony would be a dead letter. The
statements l made when not under oath
were true, but l didn't think they
amounted to anything by reason OF his
giving himself up; didn't want to be
annoyed by coming down here; knew
it wouldn't be pleasant"
On these statements you made,
did you make them to avoid coming here
as a witness? Al did, sir.
O.-Then in these statements, do you
state what you did correctly? Al
have been trying to state to you correct
": wouldn't deviate from the truth.
The witness then said he didn't ex-
actly tell him the facts; he gave it to
him in true meaning; 1T was truthful
as far as it went; you asked me my posi-
ton. and you found out, and then you
didn't care about going any further.
At last the witness, in despair, SAID;
"Now, what's The use of going over
all that again? I've told you all about
il and don't see any use in doing that.
I was Just like almost thousand others
| didn't want TO be advertised about
this thing"
Finally. Mr.. Sommerville got the wit