Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-12

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tellgently-in order, gentlemen OF the Jury,
that you can apply intelligenty the evl,
dence 10 be adduced-it is made the duty OF
counsel, representing conflicting interests,
to indicate at the very inception the nature
of the evidence they expect TO introduce as
well as 10 explain the principles ana ap.
plications of law which, in the judgment OF
the Court, apply in the premises
IAN Indictment has been preferred
against this defendant, and | desire by way
of introduction, gentlemen, to state 10
Won. that an indictment means nothing
more than that an accusation has Deen
made in the form and manner prescribed
by law. II was stated by the prosecuting
Attorney that the grand inquest Oh TINS
county, at this term, had seen MT 10 make
a presentment against Dr. Garrison, III cue
language which he read. L speak OF IL
only because no importance is to be at
tached to the fact that there is an lndlct'
ment. There can be no other way In
which a party can be charged with crlmi-
nal offense under the Constitution OF the
United States and the organic law OF TINS
State. A man must be indicted by the
grand iury before he can be put on trlal
for any criminal offense whatever, and the
fact that he has been indicted argues
nothing, except that an accusation mas
been made, and that argues nothing against
US.
ut has been said by Mr.. Howard that a
demurrer had been made and disposed OF
by His Honor the Judge deciding against
ms That is true, aud il is also true OF
every important case A demurrer or a
motion to Guash an indictment follows
almost as the night follows the day, and
il enables His Honor 10 say whether the
indictment is right He has so said, and
the defendant raises an issue by pleading
not guilty, aud that plea and the lndlct-
ment constitutes the controversy which IL
is your solemn duty to determine.
1T has been said that this is an indict-
ment for murder in the first degree. L
care not to enter into any controversy
whether it is or not. 1t is stated by the
representative of the Commonwealth that
YOU NAV find this defendant guilty OF MUIR
der in the first degree provided you believe
all the prerequisites to constitute that
great offense have been established 10 your
entire satisfaction. You have also been
told that you can find him guilty OF murder
in the second degree. That, gentlemen, is
true. There was time when party,
charged with murder, could be found
guilty of nothing else; if not guilty of that
he would 90 free, but that has been changed
bv the State, and five verdicts are now
possible. including that Of not guilty.
cot course, gentlemen, this constitutes
the five-fold issue you are TO determine
when YOU have heard the evidence. You
will saw he has been guilty of murder In
the first degree, or of murder in the second
degree, or of voluntary manslaughter, or
of involuntary manslaughter, or that he is
shown to be not guilty OF all OF them. mat
being true, gentlemen, you can very readl-
ly comprehend how very important II is
that YOU should understand now and dur
ing this whole investigation what these
distinctions are. 1t cannot be sufficient
that you should be told of them at the end
by counsel, because the Court could then
instruct YOU; for, gentlemen, it might hap
pen thatif you had an idea in advance,
many an item of testimony might find
fit application. which otherwise might be
overlooked or forgotten, and this being so,
| will explain in brief manner these vari-
Gus offenses.'
Col. Arnett then went carefully over
the various grades Of homicide, explain
ing each infinitely, from the standpoint
of the defense, and at the end said
"Now, gentlemen of the jury, having
gone over all these various offenses, you, in
in full the evidence from the
apply it, and know what it tends to prove.
"Now, l told you there was homicide
that is known as self defense-one that is
10 protect your life from great bodily
harm. Under it, if a man knows that an
enemy is trying to shoot him, or
nnt ar stsb-ip other words, to pre-
vent him from doing great bodily hi.rm
or from taking his life, it is eXcusable. Mr..
Howard said that in societies where gov
ernments are formed, certain rights are
guaranteed, or being taken, are restored,
and one of theseis the right at self-preser-
vatiOn-the inherent law of self-defense-
and il the prisoner at the bar or any other
finds himself thus environed and commits
crime while believing that he is liable to
great bodily harm, he Is eXcusaole on the
plea of self-defense. The question as 10
whether he is so situated is one for you to
determine, but TO determine from his
standpoint. You must place yourselves in
his position, and if you find that he, as a
reasonable creature, was in such danger,
then YOU say, If he shot or killed, he was
excusable. You are not only to determine
that from the circumstances surrounding
him at the time but from others. II
threats had been made to kill him, and If,
taking into consideration these threats, he
believed, as a reasonable creature, his life
was in danger, he was lustihaole, and we
expect TO show that by reason of what oc-
Cured at that time, accompanied by
threats made before, and threats of the
most desperate and severest character.
"You we're told by the Prosecuting At
torney that the individual killed on the
9TH of March was worthy gentleman. L
have no denial 10 make TO that, but II
makes no difference who or what he was.
All men stand on level In Court OF JUS
tice. 1t is the pride of our law that no dis
tinctiOns are made. 1t was also SAID that
he was made prisoner. He surrendered
to an officer of the law. He started to the
Office of the Sheriff, but met police Off
Ger, who took him to the Sheriff, and he
took him to Jail. l only state this as little
matter of fact.
81 come now TO review and hastily the
facts as we expect to show them, and
want to add that this issue being formed, |
want to call your attention to the evidence
by which we view this case. and which we
think will show the jury that that the facts
accompanying the act on Eleventh street
convinced DR.. Garrison that he stood in
great bodily harm. / had not expected we
would have to so over so much ground as
was traversed by counsel for the State, but
since | feel we ought to be willing that any
thing connected with the meeting of these
persons ought to be brought before this
Jury. DR.. Bard and Dr. Garrison were
practicing physicians of this city 1t is
true, | believe, that DR. Baird lent his
name and someone else performed the
duties of Health Officer, while DR.. Gar
rison was at Philadelphia. IL is also true
that at that time there were no I'M
,,1n ont relations they