Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1891-05-17
THESTATE RESTS
Continued from Fourth Page. |

Continued from Fourth Page.
O-When he fired that shot what die
DR. Garrison say. Ale said: ~ on
must take it back; DR.. Baird then turned
a little, was quartering from DR. Garrison
there was no threatening movement by DR.
Baird; the only thing DR.. Garrison SAID
after he fired the first shot was: ny OF
won't take il back;'' then DR.. Baird, after
the second shot, stood moment and wen
to Prayers paper store; DR.. Garrison
went on down the street, and went OF
down, and he crossed; | got ahead OF hin
and turned around and saw him; | go
ahead of him, because l kept on going
when he fired the second shot | was OF
the south pavement; DR.. Garrison started
down Eleventh street very soon after the
second shot: was then going down on the
south side: l couldn't tell how long h(
stood there: it might have been quarter
of a minute; don't know what he did witt
mis- pistol: he brought his hand right VI
that way: | saw him raise his hand three
times. once when he had his finger, or
wouldn't say it was his finger, or Gouldn'
swear it was revolver. | am only trying
TO tell the truth; did not see the shot take
effect; the first shot was not In dlrecl
line with me. The witness here illustrated
first shot was fired, with respect to the
two Doctors | saw nothing threatening
in the motion of DR.. Baird: when l look
ed back DR.. Garrison was coming down
Eleventh street; he was On the north slue
coming down; l doE't know now lar ne
came down before he crossed; l didn't see
him cross: he was not down to the Market
house; it was not far from the alley
Odd you see anything else on the
street at that time. Add l see any
thing else.
believe saw anybody else.
gvi Ayes; it was by his
horse; | don't recollect seeing anything
else: | might have seen other wagons
there: there might have been beer Wagon
there, but don't recollect.
Odd you see any one get OIL OF
street car while you came down MAN
street! A.-No.
O.-Dia YOU see a street car coming
down there! A.-No. sir.
| OFF YOU had seen DR.. Garrison getting
off street car, you would have remem-
bered it, wouldn't you! Al don't notice
| those things.
O.-WOuldn't you have remembered that
| that was the man who shot then! Al
might have been looking some other way
my brother might have got off the car, and
| | wouldn't have seen him unless my eye
lust happened to see him; Dr. Garrison
was Just within three steps of where / saw
him when he shot.
O-Those steps were further toward
Market street! Ayes, certainly; they
had 10 be-
On the redirect exaaination, by Col.
Arnett. witness said DR.. Baird put one
l. -. d flat
and illustrated it to the jury. Il am posi-
tive il was outside his coat, for l could see
it: | wouldn't pretend to say what the
other words DR.. Baird said were"
II. II. DUNLEvY.
Q-lBy Sommerville. Where do you
live! A.-No. 633 Main street, l have lived
there four years; have lived IN wheel
ing fortv.One years; | have known the de-
fe1dant eight or ten years; his reputation
is very good.
OEWhere were you on the morning OF
March 9TH last! Al was in the house till
about 10 o'clock, and then started down to
the bank. | came out of the end OF the mar
ket house. and saw a commotiOn up there,
and stopped about the middle OF the crossing
on Eleventh street, TO see what II was
shortly after stopped there l saw DR.. Car
rison coming down the middle OF Eleventh
street, up about the corner OF the Marker
house: no one was with him; he came
straight down the street TO me; no one
went to him until he came TO me that | saw
I know John Armstrong; | saw John
Armstrong there when the Doctor came TO
me-
Q.-Now, I'll ask you what DR.. Garrison
said when he came up to you! lOblectlon
by the State.
on ask you, before we insist on that
question. did YOU see John Armstrong In
conversation with DR. Garrison! A.-No.
Q.-How far was he away! A-Two or
three feet
.Q.-Where did DR.. Garrison go! A
He went down the street with me till we
met a couple of policemen, and Id them
he wanted to give himself up; from the
time first saw him, he talked to no one
except Mr. c. w. Kryter.
| Q.-Who, if anyone except yourself and
Mr.. Kryter, talked to DR.. Garrison that
morning, from the time you first saw him,
until he surrendered TO the policemen! a.
NO one.
| O.-What were your chances for know
ing? Al was right there, and could see.
Q.-Now, I'll ask you what DR. Garrison
said when he came up TO you. objection
by the State.
Capt. Dovener-Was any one else pres
ent! Ayes, Mr.. Kryter. objection
then insisted on; argument; Mr.. Sommer-
vile raising the point that if the declara-
lions of DR. Baird ia Prayers were a part
of the res jest9, then the declarations by
DIR. Garrison 10 Mr.. Dunlevy were equal
ly admissible, for they must have
been made about the same time {;
he did not see how there could be
anv distinction made Colonel
Arnett said there was another view in addi-
ton, and that was that the testimony Of
Mr.. Duslevy was opposed TO the testimony
given by Mr. Armstrong, and in that view
it was admissible To this the Court said
the witness had said there was no CONVEX
sation with Mr.. Armstrong and he did not
therefore, see how it could be contradio-
tory of it, and to this Col. Arnett suggest
ed perhaps Mr. Armstrong heard a CONVEX
satioR with Mr. Dunlevy and used it as
as his own; or he might have said he had
heard the Dunlevy conversation and said
it was his own, and in that event it would
| be the same case. The notes were read
over, and the Court said it did not
actually appear there was any conversa-
ton, and Mr.. Sommerville said if that was
all, another question would settle it. Capt.
Dovener then called attention to the fact
that the spot indicated by Mr.. Armstrong
was west of the market house. while Mr.
Dunlevy had passed from the lower end of
the market house TO the Egerter corner,
a long distance away. Mr.. Armstrong was
on the crossing up by Dusch's saloon-a
very different place.
.. by Sommervillel Did Mr. Arm
strong come up to you and DR. Garrison,
on the crossing! A.-Within two or three
feet ofus.