The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-16

ing me again.. Inc Jury shOulu Eno'
the environments OF the person VIII
made the threats so that It could judg
Of the likelihood that the person maxim
the threat meant to carry it out. Tn
letter is q part of the conversation, for
refers to the smallpox case which wa
the beginning OF the conversation and
contained the threats and abuse con
corning which the conversation was be
gun and continued. The jury shoult
have the letter 30 It may consider tn
threat in It's true weight. e
Mr.. Howard said: It is offered out Q
place. Ifitis anything it is a matter O
defense and justification, and should b
introduced as such. II they care 4
show It as such, they should offer |
then and go on TO prove, II they can
that Dr.. Baird was in some way con
nected with II. He thought that thu
fact that DR.. Garrison had letter in hi
Office could have no weight 80 long as i
is not shown that DR.. Baird had any
thing to do with the letter.
THR LETTER GOES IN.
The court held that the letter is Al
much part OF the conversation as il
the prisoner had read or repeated it to
the witness. 1t is not a question whether
DR.. Baird was the author Of the letter
Il is whether 1t was part OF the CONVEX
sation, and should be admitted, The
States own witness had the day before
described the contents OF the letter, and
the Jury should have 1t.
The letter Is one that DR.. Garrison re-
ceiyed through the mail about the time
the smallnox case OF viii Williamson
was creating the greatest interest. Its
contents are OF the most revolving sort
couched in the filthiest, most obscene
and scurriloua language. all the vile
epithets that Q large sheet OF
paper will hold are applied 10
Dr. Garrison and his mother and
father, and the tenderest ties Of aGectoin
are assailed in the dirtiest and most re-
puIsiye language. For time it was in
the hands OF the postal authoiitiee, and
an effort was made by them 10 trace its
authorship.
Captain Dovener then asked the
court to describe the purpose for which
the letter is admitted, or to refuse to do
30 and have the stenographer note what
he said.
Captain Dovener pressed the matter,
and the court asked him TO put his mo.
ton in writing. He replied that he
thought the steBegraPher would take it,
and he stated 10 him that he wanted the
court to Instruct tbs jury for what pur.
nose IL ia admitted,
Colonel Arnett arose to address the
court, and said: "Your Honor, l say
with respect" Howard:-"I object.
Colonel Arnett should say with pro.
found respect" Captain DOvener:
"Most profound respect"
COLONEL ARNETT EAT DOWN.
Mr.. Howard-"Since letters go, l
want TO say that We have q couple Of
letters down here TO introduce, but our
witness ia not here. Can't We introduce
the letters without swearing to them ?"
At this point Mr.. Howard burst into
laughter and the court room roaTed.
Colonel Arnett took the letter and
handed 1t to the jury, stating that he
did not care to read it because there
were ladies in the court room and the
letter contained matter that was unfit
for them to bear.
Mr.. Maloney OF the jury got the letter
and addressing the court said If it was
not fit and proper for the jury to have
he did not want it. The court instruct
ed Colonel Arnett to have the letter
identified by the stenographer and to
.oad 70 tho nayk 1ay U hon n0n1iiiOna
we're different.
Mr.. Howard interrupted with, "Your
Honor, l think the jurors objection
should be sustained"
Colonel Arnett then resumed the ex-
animation OF Mr.. Beans.
Odd he say anything about for the
cake Of his family he had taken the in.
sults2
Ayes, sir; he might have said so.
Odd he gay his family and female
relative had been insulted2
Ayes sir, but he did not specify
what those insults were. We under.
stood very well what they were.
Redirect by Captain Dovener:
Q-C.lonel Arnett asked you wheth-
er he had not said he was poor man
and hadn't done something on account
Of his family.
Colonel Arnett complained that the
questions had not been correctly stated.
The photographer read the questions
and Mr.. Beans said he had no recollec.
ton Of him saying he was poor man or
anything about his family. He was safe
in saying that he had said nothing about
being poor, but he may have said he had
submitted to the insults on account cf
his family.
Colonel Arnett then asked-"Did he
not say TO you that on account Of his
family he had stood these insults, but
that he would not stand any personal
violence, and that he was prepared to
Withstand any assault or personal
violence2"
Mr.. Beans aaid nothing OF the kind
was said.
Minnie Marshall was recalled.
Odd you say you were cooking at
Myrtle Linwood's2
A.-No, sir. l was washing dishee,
opening the door, cleaning the rooms,
Q-Were you doing that at Myrtle
Linwood's this morning?
Ayes, sir; l was.
Q-Weren't you in bed at 10 O'Clock ?
A,-Yes, air.
Q-How were you in bed and doing
this work?
A.-0ur cook does not come till late,
and was not needed.
Colonel Arnett: That's all mine,
you may go" =,
The State then notified that 1t would
make an effort to prove this morning
that the letter spoken OF above was not
written by DR., Baird, and court ad'
ionrned.
A hoy stood on the burning deck,
unwiEely, too, Ills said,
For, with the fast approaching flame,
His elders quickly lied.
So. many now in peril stand,
Unmindfnl OF their fate,
Till, step by step, Grim Death comes on,
Aud then, alaSl too lAtet
Far wiser surely, would It seem,
when his approach we sec,
| With "PlercA'E Pellets" we'll In hand
To yAuqulSh old &C. D."
Piercs's Pleasant Pellets have remark
| oIla baraR N noPPanf all nhUatnsl do