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

McGrew, and he heard the shots, ana
before he could get the door open, DR..
Baird came up TO it, and put his hand
on the knob and opened it, and came In.
Could he have come sixteen or seven
teen feet in that time, wounded as he
was? Mr.. Prayer was looking towards
Heymanns corner, and simply says he
didn't see DR.. Baird before he heard the
shots. and that's all there is of it. Let
me tell you another thing. Mr.. Prayer
was standing at that door, and was III
position to have seen DR.. Garrison II ne
| had passed there, as he must have done
within fifteen seconds Of the firing OF
the first shot, If the statement of the
defense are correct, and yet they dare
not ask l. d. Prayer that question"
CAPTAIN DOvener continued to speak
until ten minutes of twelve o'clock,
when Court adjourned until two o'clock
in the afternoon.
AFTERNOON SESSION.
The crowd which was present at the
afternoon session of Court was very
much larger than that which greeted
! Col. Arnett on the afternoon of the pre-
viouS day. 1t probably exceeded it by
fifty per cent. Not only was all the
seating capacity exhausted before half
past one, but there was not square
foot of standing room but was occupied;
men sat upon the low partitions which
separate the chairs from the aisles,
clustered along the railing, Swarmed
about the steps leading to the Clerks
desk, and even took possession OF the
desk itself and filled all the steps lead
ing up to the Judges bench. Scores Of
ladies were standing, and not less than
one hundred and fifty ladies in all were
present. People, knowing the limited
area of the Court room, could scarcely
believe their eyes as they looked at the
multitude which had succeeded in get
ting into the apartment.
/ At few minutes after two o'clock
Captain Dovener resumed, saying
''If your Homer please, and you gen
tlemen oil the jury, must now hasten
on and complete the task before me.
For ten hours there have been argu-
mentS addressed to you, of which | com
plain not, for it is the duty Of the coun-
sci for the defense to say all it can in
behalf of the man who now stands here
in peril of his life. 1t is their business
to speak kindly of him all they can,
and no one complains of it.
cat noon there was but one point that
| had neglected to call you attention to,
and when have done that | shall have
finished up the evidence for the defense.
have taken strong and bold ground in
doing that l stood upon the extreme
| boundary of our rights, and challeng-
ed. this morning, the counsel for the de-
Tense to show one fact which had been
misstated, and upon which | had ap-
pealed to you to perform your duty,
however painful that duty might be, &C
cording to the law and the facts.
cit was said-and the point was taken
up by Mr.. Sommerville, and reiterated
! by my friend, Col. Arnett-that the
! position taken by DR.. Baird on the
pavement was in depression, and it
was further said that DR.. Baird had
faced his asSailant, because they were
forced to get rid of the fact that there
| had been a shot fired when DIR. Baird
was in retreat and had his back turned,
and why they took that position it is
easy to show. Mr. Sommervile under
you know | was surprised that even in
an argument wherein so much license
and liberty is allowed, he would be so
bold as to take 1t. Gentlemen, do you
know what your duty is! That You
are to well and truly try this case, and true
deliverance make, according to the law
and the evidence. Not by prejudice,
because you were purged of that before
YOU were seated in this Court, not
through fear or favor, because you
avowed you had neither, that you were
without prejudice, and that you would
true deliverance make to this defendant
according to the law and the evidence.
If that true deliverance delivers him
over to the law, that you are to do, and
if that delverance is to be to liberty,
that also are you to do. Mr.. Sommer-
vile argued, without evidence, that DR..
Baird received the first shot in the posi-
tion in which he stood, and after
that he turned, squarely facing
him, and received the second shot in
the left eye. Oh, is it possible that
could be? Is it possible that any one
familiar with the case could believe
that for one moment? DR.. Wilson,
whose skill and standing as a surgeon
was not called in question by the de-
Tense, told you that the second shot en-
tered behind the left ear and made its
exit through the left eye. If that was
the first shot it is so much the worse for
for the defendant. If it was the second
it was the shot of an assassin"
Taking up the spectacleS Of the de-
ceased he said:
but if there was any evidence neces-
Sary we have it here. You remember
the little boy at the window, who looked
down and saw the shooting. He said
DR.. Baird'S eye was shot out and when
you had this dumb evidence of that old
man, who had lived to such an age that
it was necessary for him to have arti
fetal aids to Sight-when that boy said
he saw his eye shot out, he saw the
glass from this pair OF spectacles, and
the SpectaceS fell to the pavement, and |
were picked up and given to the City Ser !
geant. Do you suppose il that shot had !
gone in ut the eye, and the glass had |
been carried in with it, that DR.. Wilson |
would not have known it, and it would !
have been no trouble for the defense to I
have proved it. But we have the evil I
dence here, its direction is cOnclusively ,
shown, and there can be no doubt-no .
Question-of the direction it took, and
isn't the position Of Mr.. SOmmerville .
and of the defense just as weak as when