The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-21
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TAKEN OFF THE STAND.


Dickey called, the desire being to allow
him to give his evidence and be excused.
DR.. Dickey failed TO come and Joseph
A. Metcalf, chief clerk to the postmas-
ter, was placed upon the stand. He
knows DIR. Garrison; has known him
since 1873; he remembers an occasion
when DR.. Garrison was at the postofice
when DR.. Baird was there ut the time,
Colonel Arnett asked what was said at
the time, and Captain Doyener objected.
The matter was argued by counsel and
the court sustained the objection and
Colonel Arnett qualified the question.
Mr.. Metcalf said, "Dr. Baird drove up;
DIR. Garrison came down the pavement,
and nodded to DR.. Garrison to come
in; l opened the door to the corridor
and saw DR.. Garrison coming to the
door and DR.. Baird was coming toward
the upper street door" lie heard DR..
Baird say something to DR.. Garrison,
but he did not care to be qualified as to
what it was; DR.. Garrison made no re-
ply to what DR., Baird said to him; he
made no remark while DR.. Baird was
there. Witness was excused.
Miss Lulu Fox was called for and was
placed upon the stand. She lives on
Eleventh street, on the east end; she
knew DR.. Baird had known him all her
life; she heard DR.. Baird say, after the
fight in the gas office, that he got the
black eyes unexpectedly and that it
would be his turn next; his eyes were
still black at the time; witnesses mother
had called DR.. Baird into her home to
pay bill when the talk occurred; her
mother had said to DIR. Baird that twas
Il pretty pass that he could not drive
through the streets without getting his
eyes BACKED.
DR.. Garrison again resumed the stand.
OIL understood that you said you
had not been down town before that
morning?
Al was not.
Q.-Do you know Robert Britt?
Al do not.
Q.-Robert Britt Of East Wheeling?
A.-No, sir.
Q.-Were you down below Tenth
street before that morning?
A.-No, sir.
Q.-You and Mr.. Fec were always on
good terms?
Ave were always on speaking
terms; but were not in each others con-
fdenCe. He belonged to one clique in
the city council and / to another. We
met as friends but I never confided in
him nor considered him more than an
acquaintance.
Q.-WheR Mr.. Fee swore on the stand
that you said you had said he'll call me
that once too often and that would end
the old fool" did he swear to the
truth?
A.-No, sir, 1 never used that Lam
guage.
Q,-was what Mr.. Beans swore to the
truth?
Al do not know what Mr.. Beans's
differences were, but l did not say those
things.
Q.GWhen Mr.. Beans said you did not
use the words personal violence or IN
jury did he swear to the truth?
Al can only say what l did say and
you must draw your own interences, as
he did.
Q.-You had a personal hostility to
DR.. Baird?
A.-No, sir.
Didn't you go to Mr.. Fee and ask
him to issue warrant for DR.. Baird be-
cause he had made return OF child's
death fromsore throatyheny you thought
it was diphtheria?
Colonel Arnett objected to the ques-
ton on the ground that whatever DR..
Garrison did in his line OF official duty
was not pertinent. Objection sustained.
Q.-You say you are sensitive about
the use of---; have you not
applied that to DR.. Baird?
A.-No, sir; never did.
Objected to and withdrawn.
4Q..Did you not call DR.. Ackermann
damned Dutch ---o over the
telephone?
Colonel Arnett raised IN objection,
and argued that no matter whether or
not Dr. Garrison had used such Ian
guage it could in no way affect his cred
ibility nor his condition OF mind at the
time OF action.
Captain Dovener argued that if it
could be shown that the epithet was a
common word of DR.. Garrison he has
not the same cause for complaint when
they arc applied to him. He said it was
merely an idle, meaningless expression;
at is not like calling man felon be-
cause he may bea felon; it is not like
calling u man thief or liar because he
may be thief or liar"
Mr.. Sommerville said that ii the in
vestigation is rs to whether DIR. Garrison
called others such names it must be also
entered into with regard to deceased,
which would make the case almost in
terminable. The objection was sus
tanned
OFF you considered yourself SLAM
dered by this language; being angered
and spiteful toward DIR. Baird and had
made up your mind to kill DR.. Baird,
would YOU go onto that stand and swear
that you had wilfully and maliciously
murdered DR.. Baird.
Colonel Arnett objected on the ground
that the question contained too many
assumptions.
The question was allowed and DIR.
Garrison said, "Your Honor, | have not
been in that position, and l cannot
imagine what my feelings would be. 1t
is so utlelly lVIeiSH " any NGAh4Ss !
ever had that l cannot say what would
do"
This closed the cross-examination, and
Colonel Arnett began the redirect.
Odd you, on March Z, turn and so
back to DR.. Baird?
Add not.
ON saying you and Dr. Baird were
twenty or thirty feet apart, what did
you mean?
Cnntnin Dnvnner-I object: that was