Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-27

Court 20 NNA
agreed upon q verdict, and they were
adiourped over until This morning at
nine o'clock, when they will resume
their deliberations.
Caotain Doreaer's >peech
seldom. on any occasion, or in any
Coprt room. has higher tribute been
maid a counsellor speaking in criminal
cause than was implied at the Court
Honse of Ohio county, yesterday on
,be occasion Of Captain b. 3. DoYener's
address 20 the jury closing the argu-
n,ept in the Garrison murder trial. If
tbe large audience attracted Friday to
basr Prosecutor Towards opening on
hebalf Of the State was complimentary
n the forensic abilities OF that gifted
vonno man-and 1t was-and il tue
creator crowds attracted the following
dov nv Senator Sommeryille, and on
Monday bv Colonel Arnett were the
standards by which we are TO measure
,ba pnblic estimate and admiration
NJ the abilities of those able advocates
Of the prisoners cause-then Captain
Dovener mad just cause for Seif-consrat-
ulation yesterday when' during the
nropress of his mastery and effective
argument TO the jury, he caught
,limnse of the audience when cIO"ueu
b. Conrt room as iC had never been
c~owded before. and which no future
eva,t however great, can possibly sur
nsss The audience was worthy Ol the
pccqsion. and the speech they heard was
worthy of the man and OF the cause
Owing TO the lateness of the hour,
Monday night, when Judge Campoeil
and counsel concluded the examination
ond argument of the instructions 10 the
inrv the oDening of Court was delayed
nntil half-past nine yesterday morning
This fact, however, was not AhO"u 20
the general public, and soon aIter eiEh1
o'clock people from all quarters Oh the
CITY began 10 gather In the corridors oil
the Court House, anxious 10 secure Ell
r,ible seats for the day. Many OF the
earliest arrivals were ladies', ana during
tbeensuine hour they came Singly, with
escorts. or i'm groups until they were
,,rosant I'm scores. Additional seats had
bean Dlaced inside the railing for their
recommendation before the doors were
opened. thereby largely increasing the
canacitv of the room, and these were re
served exclusively for ladies and
gentlemen with them. At quarter OF
nine the Court room doors were opened
bv Sheriff Steeurod, as the best way OF
avoiding the great rush Inevitable wheA
the crowd should Increase ana IN
twenty minutes every seat without the
railing was occupied.
The defendant came into Court az
OILS. with his father and brother, ana
tom minutes later the jury appeared,
Mr. Fisher. whose indiSpOSitlOn was al
Inded 10 Yesterday, presenting an In
nroved appearance. The jJry were lm-
mediately preceded by Mr. SommervIlle
and-Capt. Doyeuer. ana just after them
,s,,a the Court. As the jurors took
+Ioir seats members Of the bar, who
we're present i'm large numbers gather
ed i'm little groups about the Judge
bench. where they discussed the proc
abilities i'm undertoneS: NJ the tables set
apart for counsel, Capt. Doyener 0uSled
himself with his papers, notes, ana
photographs and diagrams OF the scene
of the tragedy, and the newspaper men
whet their pencils in a preoccupled way,
as they took mental note of the unw0nt-
Oh and serious scene At the upper
corridor windows ladies looked down
upon a spectacle not often afforded IN
Wheeling. In the box jurors talked
With each other. and looked curiouSly
about the room.
The formal opening and the reading
OF the record occupied but lew mo-
ments. and then Capt. Dovener began
by saying
CAPT. pOVENEE'> SPEECH.
IF the Court please, and you gentle
mon of the Jury. I feel like concurrinS
i'm am that has been said, both by my
colleague and by gentlemen on the
other side, and in cOngratulatIng you
tbat a duty. whether il has been well or
idlv performed Is vet 90 be seen, Is near
" over. and that this ease IS drawing TO
a close. could wish that 1 was IN Il
better state of mind and body than am
to-day. in order thatI might better pre-
sent to you the burning evidence OF the
State and the facts in this case, and 10
better impress them upon you, and assist
thereby your deliberations in arriving N
a lust conclusion in this case; and de-
sire TO DO that, saying nothing that
ought not 20 be said, and emitting moth
ing which ought 20 be broughC uader
your attention.
1T has been 20 me painful duty-if
il has been painful TO Col. Aruett and
his colleague, who have been charged
with the duty of defending that un.or-
tunate man. how much more painful
hes ir boeu o. me-ut believing it Is
aGutvwhich al' citizens who believe that