The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-15
THE GARRISON CASE
Still Attracts Great Crowds and
Creates interest.
YESTERDAYS PROCEEDINGS.
The State Will Finish Its List of Wit
ncsscs To.day...The Case May be
Finished Next wcek...sOme
Interesting Testimony.

uayI DuL ~ pSNAAS W law A'aA AbsA
weight, for i: was half past 0 as usual
when the bell rang, and nothing wa
done before that time.
Upon the opening Of court, the State
attorneys announced thatthey propose,
10 again put Mrs. Baker upon the stand
a question asked her tue day befor
having been obi scled to by the dsiens
and the witness withdrawn till th
objection could be argued and decidec
bv the court. After she took her plac
in the chair, Clerk Mitchell called up
list of half hundred new witnesses
most Of them for the defense, draw
from the back part Of this county wher
DR.. Garrison was brought up, and dow
in Wetzel county, where lie fOrmerl,
lived.
Mr.. sommerville stated to the cour
that the testimony which the wines
wRs expected to give was OF such
character that he deBired the jury shoul,
mo-. hear it till the oDnrt had decided
nn,p its competency. Mr.. Snmmervilll
snrcested that the court should hear thu
evidence privately and decide it.
Captain Dovener objected on thl
ground that all matters must be pre-
sented before the jury and the prisoner
Mr.. sommerville presented decision
M the Supreme Court OF West Virginii
tha. evidence introduced to strengthen
A fact already proven in evidence, bu
not proving the fact, is not admissible.
Captain Dovener held that all trans
actions in court in this State must be
open. and that II wHs improper to ex
ciude the jury, and would be error &C
to do.
Mr.. Sommerville held that there is 6
urtat difference between keeping i'm
proper evidence from jury and exclud'
Inc evidence from their consideration
after they have heard 1t. He thought
that in a case OF this kind it is emf
Dently proper that the court should use
its discretion in the matter OF allowing
improper evidence to go before the jury,
rather than to exclude 1t from their con.
Alteration after it has been heard.
The court overruled the motion to ex.
clude the Jury, and asked that the hear.
Ing OF the objection to the evidence
begin.
and asked: "What did DR.. Baird say
when he entered the store, about having
been shot?"
The Court sugtained an objection to
II, and Mr. Howard asked, "What did
DR.. Baird cav when he camel in?"
The defense objected on the ground
that whatever he may have said was
merely hearsay evidence on the part oil
the witness aud could have no weight
under any rule; iurther, that what DR..
Baird said was merely q recital or nara.
live made after the parties to the quar-.
rel had separated and were going in op-
posite directions, and the quarrel was
oyer. II, while the trouble was in pro.
mess. DR.. Baird had made declaration
L would be admissible. he held that
the transaction between the defendant
and Or. Baird ended the instant the
second shot was fred and that at that
time the defendants agency in the mat.
Ter ended and the res gesim could not
include Whist Dr.. Baird said in his mar.
Tative.
Mr.. Howard replied at length, reading
authorities to show that when the dec
laration ia made so soon after the trans
action or res gestRe as to preclude the
possibiIity Of ita being conCocted, 1t IS
really part Of the transaction aud the
declaration is really produced dnr'ng
and Immediately follows from the act'
Captain Doyener spoke at length upon
the subject, Other and more definite
authorities were cited, ard time was con-
sumed lust GS II the farmers on the jury
were not anNIoGl to have the case I'm
ished and get home to their corn and
potatoes.
Mr.. Howard sent for a copy o. one Of
the West Virginia reports containing .
case showing that tho dying declaration
OF the victim OF a homicide may be taken
as evidence, and Captain DOVener took
it as q bssis for an aIguulent that Dr.
Baird's statement in PfAger's"store %al
his dying declaration.
Colonel AInett began to epeak lew
minutes alter II O'Clock, taking the
position that in the Case cited ty Cap
tain Dovener tie victim cried ont thai
he WpE being stabbed and murdered
while The act WAS being done, while IN
DR.. Ba.rd's case, the exclamation wa
not made uutil after the transaction was
finished and he had walked to the store
The argument was finished at ll:3l
onA the coutt oyeTTuied the objection
and the defense excepted.
Mrs. Baker then said: "Dr. Baird
came into the store and walked up tc
him and said, oh, Doctor, what Is tht
natter and noticing the blood and re-
mcmbeIing the shot, | said, who dc
i!?' and lie said, Garrison shot me.
Ar. Prsger VAS in the store and asket
the doctor to ait down, or words to thG
effect. He sat down and kept wipiof
his eye with his glove ithe witncts in
dicating how he did III. W6s very
much excited, aud made some exClama
ton: ! don't remember what ! said ! he
replied, 'Oh. i.'s nothing, it's nothing
it's nothing, and he seemed 30 cool tina
! began to cool of aud went and got
glass Of water, but he could not drink y
aud it filed with blood. He was very coo
mud still MSS rubbing his eye. H'
said to me, to lock the door and keel
tie crowd ont. TIE crowd wa thei
pressing to the door, aud the DeStoi
wcnt hack iarther and leaned over. say
irS, I'.l 20 bsCI where The crowd csI
rot Gee ne He was bleeding freely nI
tie time. he'd two bnndkelahi.is, on
silk handkerchief and tho other
white cue. gave him tho silk Que ant
!.e wiped his face with 1t. / lifted q
lis head aui took of his hat sn'
Suoo,hed back LIS hair, and ! cav ths
lis eye ws9 rauniag down over ~ ~
cheek, snd / scrt smed and asked, on
Doctor, can't do something lur you;
there nothing / can doy' he did no
auSSer me, and sent the bay to got
bucket Of water. HG brought the vate'
and the Doctor unhNttoned his coat en-;
leaned over while 1 bathed his wo1no
lie took his gloves oil and / gave hiI
Ruoiher handkerchief and hO wiped, hl
face with the water. He then said b
would lie down, Mr.. Prayer having sske
him to lie down. He went to q table
the back part OF the store and laid dow
hGt.on his back and got all on the taol
eXcept one lee, and [ lifted II up. u