Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-12-10
lFTER MANY DAYS.
81, GEORGE I. GARRISON ONCE MORE IN
COURT.
o. r.si'g Of Evidence in the Motion for New
- ,-,r % Be Resumed Tomorrow Morning.
Judge Campbell Again on the Bench.

,fer the lapse Of nearly eight months
no takirg Of evidence on the motion
ia new trial, which was broken off,
-, by the necessity of opening Court
4. one of the upper counties, and
few DAYS later by the serious ill
80, OF Judge Campbell, was again
.,,egh. up yesterday afternoon, and
morrow morning the taking of
.,isDcs will be resumed at the point
,sare II was interrupted, Lester Bates
..rr placed on the stand for cross
.,4miaation by the State as TO al.eg-
..aoes 70 his deposition.
rige Campbell came into Court
,-art o'clock, and during the re-
-,.rder OF the day he received many
sss-,v congratulations upon his re-
rerv. His Honor naturally bears
-rve evidences Of his long indispositiOn,
IN Lis old time strength and vigor will
5ubtlass gradually return.
D-. Garrison was sent for about three
sock. and came into the Court room
% bs.f.past three, being escorted by
l,Dgtv Sheriff Zane. He az once sat
i5s1 with MesSrS. Arnett and Sommer-
vile. his counsel. Prosecuting Attor-
new Howard and Capt. DOveuer, his CO.
r7.nsel for the State, appeared, and
S.sro,rapher Garvin settled into place
ready 90 record what transpired.
The pending matter was formally
brought 10 the attention Of the Court by
Dol. Aruett, who said
"If Your Honor please, in the case Of
be state Of West Virginia V. DR.. George
Garrison. we come into Court this
rsrao0n ready 10 proceed, and have
-0ggdt here Lester Bates, whose afii-
lg.t was introduced by US on the
notion for new trial. He was brought
-s because he was to be crosS-ex-
~ned by the State. At the time Of
ts former hearing of this motion, Mr..
Bates was unwell, and was unable TO De
,.s,snt. The status of the case then
gls. that numerous affidavitS had been
5miJ,ei by the defense. II was de-
led that the witnesses should be
-oss-examlred, and that was done,
.h the exception of Mr.. Bates. IL
7ls then understood that Mr.. Bates
VS. 10 De brought ia, the aflidavitS and
.e evidence submitted and the motion
even TO Your Honor. II there be no
election, we offer Mr.. Bates now"
Capt. DEMONSTRATING you'll give
Ea chance?
Col. Arnett-We want TO tender him.
Captain Dovener-Mr Bates was sum
-lned here, on behalf OF the State,
lr cr0Ss-examinatiOn and also others
10 contradict him. l am willing TO
have the case advanced, but we can't
TJss-examine Mr.. Bates to-day, because
certain other parties not here are in
possession of facts bearing on his affi-
layIt 10 would be impossible TO pro-
seed without them. But we are willing
lat az the earliest day possible Bates
and the others may be brought here,
and 20 on. l was not aware that the
natter was 10 come up to-day, and both
o Us are engaged on the other side.
The 18th inst. is open, and by that time
I've can have the other witnesses here
and 90 on. viii that suit you, gentle
.Zeaa
Nr, Sommerville-NO, sir; we want to
% on. It's the same old delay, and we
object 70 10.
Capt. DOvener-If you hadn't been so
Inpatient this matter could have been
decided
Mr. Sommerville-Does impotence to
have a thing done, prevent it's being
done?
Capt. D0verner-YeS, sir.
The Court here said he had some cor
Sp0ndence with Col, Arnett, and they
bad arranged to have Mr.. Bates pres
lent.
Nr. SOmmerville-I understand this
motion 10 continue the case TO the
18th.
Capt. Doyener-I don't understand
-1Y,hing Of the kind.
Mr. Sommerville-We've been waiting
low long enough. Let the docket on
NE other side of Court do little wait
~ Every member of this bar knew
nat Your Honor was to be here to-day,
sac several days ago we had a summons
'>.el for Mr.. Bates. / am not com
gaining Of the past delay. 1t was I'M
,I'lnate, but IL couldn't have been
euedied, but / think we have now
reached stage where delay can be pre-
'sLi7d, and If anybody is 10 wait any
olser .et the civil SuitOrS of this county
Sac their turn. We have precedence
=. yer them, anyhow. We brought Mr..
o1,eS here so there could be no excuse,
--l u TIE State had made known the
-'aeS OF their other witnesses we would
ave mad them here also. They could
ave done what we did.
. Cg.. Arnett-In reply TO Capt. DOvener
VIII say that the statement l made be-
..| vas correct. Mr.. Bates was 70 be
.'..sl Tor denomination, and il his
,-'-neuts made other witnesses neceS-
We would have no legal right TO Oh
but that is a little further on. l
80 asked the Court to let US know a
,.- UdyS in advance OF the probable
Wg ne would be here, and he did so.
save no complaint TO make OF the
,,4Is.,o'e'ay-we all know OF Your HOnOr's
MY .I,on-but we would like 10 proceed
,'u tae motion. We think there is no
.->0n Why Mr.. Bates could not be ex-
Slei to-day, and then, If something
..-.5s'e-oped making other witnesses
ae,5,''1ary,we neither contemplate an OBJ
c-on nor will make one.
p. ap'aIn DOyener-This is not a motion
Oh - g0Slponement. 1t is simply case
ana -s docket in certain condition,
CAV u. Tour Honor was here the first
a,ys' :, Tue term what right would they
Nj, - come In here and say "we want
u {, witness examined?" Would they
,o6ssS better condition than they are
when was this case set for to-
N'''sn Cry for Pitchers Castoria