Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-13

as Uc COulu Icpcdt IL.
Odd he say it to Kryter? Al
don't know; went away.
Q.-You didn't hear what he said to
Kryter? A.-No only Kryter asked him
if he hit him, and he said he didn't know
and Kryter told him to put his pistol in
his pocket; after went up to Prayers
door, Mr.. Prayer asked me If could lind
a physicians; | don't know Mr.. Taylor's
first name; think he stays down on
Main street, by G. A. r. Hall; DR.. Gar
rison didn't tell me anything about DR..
Baird's saying he would blow his head
off; don't know if he told Kryter that.
Q.-When did you tell about it, and
who did you tell about this? Objection
and overruled. Al can't tell you
that; 1 think John Holt was about the
only man; told him the same day.
Q.-Isn't the conversation you are de-
failing one with Mr.. Kryter and not to
you? A.-No, sir; l was talking to him
when Mr. Kryter came up; | never
talked to the gentlemen connected with
the prosecution, except was summoned
before the grand jury, and didn't know
what | was summoned for, and had a
talk with Mr.. Howard.
REDIRECT.
Q.-What time of day was it you
heard the two shots fired? About
twenty minutes of II o'clock.
Q.-How do you know that? A
Mrs. Hustleton came up to me and asked
me what time it was, and | told her
twenty minutes of II, and just as | took
about two steps away heard the shots.
The witness then took photograph
of the street, and explained to the jury
where he was standing when he met DR..
Garrison, Then the defense reserved
the right to recall the witness at an
other time. The jury was then shown
the photograph marked by Lottie Wal
ton.
LEONARD GERKSTETTER.
live on Boggs' run; on the morning OF
March 18th last, was in the barber
shop on Eleventh street, and then went
toward Main street; | know DR.. Baird;
met him right on the corner Of
Eleventh where it goes up to Main
street; the corner by the market house
right by Duschs saloon; / was on
the left side of Eleventh street by Kali
bitzers' going to Main street, on the OPP
posite side from DuSchs Saloon;I saw DR..
Baird; he was going up to Main street
too; he was moving over to the pave
ment, in buggy: no one was with him;
he looked out of his buggy, and said,
"Hello, Dan, how are you getting on?'
and l said First rate, Doctor" He
drove on up TO the little alley, and when
he got there man was standing there,
and ne talked; right on Eleventh street,
where the alley comes out on the street;
he was standing still; don't know him;
but would know him II seen him; 1t
was Dr. Garrison; there he is right over
there; he was the man standing there;
he talked to Baird, and Baird stopped
his horse and spoke couple OF words
i don't know what he said.
Q.-Who spoke first? A.-That man
over there.
Q.-Will you please point out the
man who was standing there? A
That is the man right here. Going
over to DR.. Garrison.
OIL understood you to have sal d
this man spoke to DR.. Baird before he
spoke to him? What did he say? A
don't know. He only spoke couple
Of words. and DR.. Baird looked out like
this, said something back to- him, and
then drove up to the paper store, and
got out and was hitching his horse,
and then that man-that man | picked
out-went back and said: Take that
back, Doctor" He followed him up.
When / next saw him he was up by
Baird and asked him IL he would take
that back, and DR.. Baird looked little
around. and said: mo, / never take
back what | say" and then DR.. Gar
rison fired two shots. He was from
eight to ten feet away. DR.. Baird was
standing right Oh the curbstone, about
his horses head, toward Main street, and
was looking toward Main street, and
he moved his head around little when
he said: Il never take back what |
say" after the first shot was fired he
turned his face toward Main street, then
he walked right over and got the second
shot and went in the paper store.
O.-Was DIR. Baird standing still when
the second shot was fired, or was he
moving toward Main street? Ale
turned around before he shot the first
shot. His back was TO the market
house when the second shot was fired :;
he had moved towark the paper store;
he was looking toward the paper store
when he got the first shot, and then he
moved little toward Main street and
got the second shot; his back was more
toward DIR. Garrison then.
O.-Before the first shot was fired.
understand you saw DR.. Baird and DR..
Garrison both. What hostile demonstra-
ton did DR.. Baird make? Ale made
none; he just let the hitching strap
drop, and he did not make any motion
with his hands, or put them in his pock
ct; he did not make any motion TO put
his hands behind his back, or go to-
ward DR.. Garrison; he did not make any
step toward DR.. Garrison at all.
Q.-What threat, If any, did DR..
Baird make of doing injury TO DR.. Gar
rison? objection.
Q.-I understand you to have testi-
fed that Garrison came up and said
doctor, you must take that back" A.
No, he said: "You must take that back,
Doctor" and he said: "No, never take
anything back that say"
Odd you hear all that was said?
A.-Yes.
The witness then pointed out on a
photograph the location Of the alley
where DR.. Garrison met DR.. Baird, and
the place where the shooting occurred.
INSTRUMENTATION.
am not an intimate friend OF DR..
Baird; he bought heap OF stuff from
mo In tho ennnpr time and Waa alWavs