The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-12
Examined in the Garrison. Case
Yesterday Afternoon.
The JURY VIEWS THE SCENE
or the HomicIde...Peoplc Anxious
to See the Prlsoner.-The Work
OF Taking Evidence Begun
and Still Progressing.

rest had sweetened the tempsrs Of til,
attorneys, was not made known, bu
there were no objections to the recorC
and the indications were that the day
work would start of auspiciously.
Mr.. sonmerville moved that all wit
nesses be brought in aud sworn and ex
cluded from the court room till after th,
statement Of the case to the jury wa
made by the attorneys. The witnesse
for the State, numbering forty.four, wer,
called and Bworn and excluded from thr
court room.
Mr.. Howard made the statement o
the case 10 the jury. You arc called IL
here from your business End from thI
comforts OF your homes; held in clost
confinement and otherwise discom
modsd. In this and every other civil
izsd country there are certain dutiel
owed to the State by its citizens in re
turn for the protection 1t gives and the
privileges they enjoy. One OF these Il
serving upon the jury.
He then went on to state that DR.
George Baird had been shot and killed
at Eleventh street about 10 q. m., March
z last. Dr.. Geo. l. Garrison was arrested
on the charge Of killing DR.. Baird. He
has been kept in close confinement and
on the fret dey OF this term OF court, the
grand jury found an indictment sgainst
him and he is here in court 10 answer
under an indictment for murder In
the frat degree. A jury may find one
OF Eve possible charges under that In.
dicLment. II the killing was deliberate
1t was murder in the first degree. II he
killed him without intent at the time, II
is murder in the second degree. "Ii
two men are lghting, and one kills an.
other in the heat OF passion, that passion
caused by blows, not words.please re.
It is,voluntary manslaughter." "
Now, please bear that in mind: not
from words but blows it Is volunt.
ary manslaughter. II 1t wasian
accidental killing caused by an unlaw-
ful thing 1t Is involuntary manslaughter.
II DR.. Garrison had shot ut dog and
killed Or. Baird, 1t would have been in.
manslaughter. He was com.
an unlawful act In shooting in
the street, but he had no intention OF
DR.. Baird. There Is another
kind OF killing that Is no crime. II one
feels THAT his life is ia danger at the time
he fres the fatal shot there is no crime.
II you from thG evidence find that DR..
Garrison was in such position that his
life was in danger you can find snch q
verdict. You have therefore Eve posi-.
BILE yerdicts before you which may be
brought under this indictment.
He cautioned the Jury that it hss moth
Ing to do with the punishment. II IL
simply to decide tho issues Joined in
the cause, except Ia verdict OF murder
in the frat degree, when it may set the
punishment.
WHAT WILL BE SHOWN.
he further said that the stste pro-
posed to SHOW that the prisoner had
malice in his heart against DR.. Baird,
PpG that he had borne it for some time
before.
He also stated that he did not expect
TO depenl upon the laws understanding
that meditation, deliberation and malice
NAV be formed In an Instant, apd the
laws statement that the tast that the
crime was committed with a deadly
weapon carries malice with It, but that
the State would prove that these feelings
had existed for months; that DR.. Garri.
son had prsmedItate1 the deed for
mouths. He further laid stress uppn
his statement that no words can be JUS
tification for crime, no matter bow in:
The State proposed to show that DR..
Baird, when Dr.. Garrison was unable to
practice medicine here, kept up bis prac-
tice while he studied medicine, to show
nov great friends they were. That DR..
Garrison had named his Epn George
Baird Garrison. He then referred 70
Garrison trying 10 have Dr.. Baird Rr.
rested for miss.ating 4 death cacss.
That DR.. Garrison had threatened to
have DR.. Baird prosecuted because he
had made ont death certificate giving
the cause as sore UlToat ghep DR.. Garri.
son thought 1t was black aiphtileyis.
He then spoke OF DR.. Garrison having
criticised DR.. Baird and went to the
hght 10 the alty gas Office. He said the
two doGtoia hsd net ip thp Office Of the
city Gas Board. Angry voyas passed
hetween them. and Dr.. Garrison, though
young, hearty man, had GssRulted Or,
Baird, then more than sixty years old,
aud bruised his !Oce so badly that DR.
Baird Fas forced to remain at his home
several dGys. After that, Mr.. Howard
said the two mon pGA1ed hsTsh words
every time they passed each Other.
After that, DR.. Garrison's woes can't
thick and fast. He lost his position OIL
Health Officer. He lost his county prac
lice, attending Che pT!soDeru IN the Jail
and his practice, much oi YhtGR 10 helt
on account ot political preferment, began
10 drift away. He then referred d
length to the Williamson smallpox case
reciting how DR.. Reed Baird had beer
one Ot the physicians called to decide
the case differently from the diagposil
placed upon It by DR.. Garrison. HI
told OF DR.. Baird having criticised DR.
6srrison's professional mistake, ant
cited oil tlsse things as having ten
dspsy to eHrage aEad essssaer the wratt
Of Dr. 6grris9q.
DR.. aARRIsoN's THREATS.
He proposed to prove that DR.. CARR
con bad said in lis own Office that b,
had stood RF. RsIEds abuse long enougl
and was prepared for hin, aud that thl
next tune Dr.. Baird abused him, Ri
would kill him.
Mr.. Howard went into detail concern
ing the tragedy, giving a view Of 1t d
the State proposes to show 1t occurred
Col. Arnett thea addressed the Jury
He called their attention 10 iie position
they occupy with reference to the case
and that the prisoner is simply accuses
OF s crime, and the fact that an indict
ment had been toupd bore no weight
because no mAnean be charged With Grim
in any other way; hence 1t bears n
weight other than that II charges hin
with crime. 1.-THE fact is that the In
dlctnept for murder In the first degre
has NO pirtiCulRg weight, for, % wa
stated by the States attorney, yop ma
fnd any one Of Eve chaIRes.H p He too
iaana With Mf AoWafdiR atatan1auk thh