Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-23

| that was it necessary TO kllI-cOulu III
Garrison have saved his own life by any
other method? Dr. Baird was past the
prime of life-past the time when man
was strongest-while DR.. Garrison was
in the prime of life, and a man OF splen'
did physique. No man who walks the
earth, over 62 years Of age, but VINO
could be whipped by Dr. Garrison, IN
an encounter with natures weapons,
and DR.. Garrison knows what he could
do with DIR. Baird, because he knew
what he had done, in the Gas office.
The inference has been that DR.. Baird
was about to unboutton his coat and get
out revolver. but DR.. Garrison did not
know DIR. Baird had revolver, and
there is no evidence in the case that DR..
Garrison ever knew that DR.. Baird had
a revolver. Even if DR.. Baird had
struck him with his fist, Dr. Garrison
would not have been justified in killing
him with a revolver.
Mr.. Howard then took up the evidence
in the case, and passed it in review,
commenting upon it as he proceeded,
and said there was no attempt by the
State to deny that DR.. Baird had in
suited DR.. Garrison, but that was not
enough. He narrated the threats made
to w. II. Fee and w. c. Beans, and the
threatening movement described by
Mr.. Hadlch, in front of the postoffice,
and argued that at each Of those times
murder was the thought OF the defend
ant, and at the poStOffice the act was
very nearly committed land pursuing this
line, said that the first time DR.. Garrison
met DR.. Baird or could get at
him without running after his buggy, he
killed him. That must have been his
intention right along, because he him
self says he always had his gloves off
and his pistol handy. Minnie Marshall
and Leonard Gerkstetter had testified
DR.. Baird passed DR.. Garrison, and the
| latter looked around, saw DR.. Baird
stop, and went back and demanded a
retraction, and did not get it and shot,
and Mr.. Howard insisted there could be
no doubt it was the old story of the in
suit offered by DR.. Baird as he drove
past, and that was all. on Or. Baird's
part.
Mr.. Howard referred to the claim that
DR.. Baird was dangerous man, and
said he would find fault, he would scold,
he would quarrel, he would revile, but
no man ever knew him to offer violence
to any man, and that was shown best at
the time Of the shooting, when, al
though even after he was shot twice,
and had strength to walk to the store,
open the door, walk in, take off his
gloves, unbutton his coat, take out
handkerchief wipe his face and talk, he
had made no effort TO stand before his
antagonist and light, at time when be
had been wounded and il ever man
would be angry, and in a fighting hui
NOR, he was.
He referred to the defendants state
ment to John Armstrong, that he shot
DR.. Baird because he had called him a
hard name, and wouldn't take it back,
and said that was before he knew mere
words were no justification. Since then
he had talked TO his counsel, and now
he says he did it in self defense, and
that he did not talk to John Armstrong.
The State showed by other witnesses
that John Armstrong and the witness
met within minute after the shooting
and talked. Which statement will you
believe. What interest had that old
man John Armstrong, who did not know
DR.. Garrison, to come in here and swear
to lie, to say nothing of the corrobor-
alive evidence: while the two men who
attempt to help DR.. Garrison out are,
one his bosom friend and the other his
relative.
He recOunted the evidence of the
thirteen eyewitnesses OF the tragedy,
and said they all said DR.. Baird's hands
were hanging at his sides, and that he
was making no hostile demonstration.
1t was impossible to suppose that all,
old men and little children alike, were
in a conspiracy, or were mistaken, or
were committing perjury.
Mr.. Howard traversed the evidence
on each side, step by step, criticizisg,
explaining and commenting, and was
listened to with the greatest possible
interest by the tremendous audience,
which, Notwithstanding the oppressive
heat, filled every part of the room. At
times there was breathless interest, as
when
did you notice, gentlemen, that at the
OpCulHS INC OIdtt UOlu WldU III OK pcCJtu 10
prove, and the defense didn't, Do you know
why they didn't tell you! | do. They
didn't tell YOU, because they didn't know
what sort of story DR.. Garrison would
have TO tell on the stand, in the light of the
evidence for the State. That's why they
didn't tell you; and it was not until those
clothes had been brought in here, and Col.
Arnett took that coat, and held it up, and
buttoned it up, and looked at the bullet
hole, that they knew the situation and knew
what story they must tell"
At such a place as this, and at the
point when he called the attention Of
the jury to the weight to be given the
evidence Of DR.. Garrison, who stood in
such imminent danger, with the full
knowledge that falsehood might save
him, the audience could be seen leaning
ing forward with eager interest, and as
the speakers voice rose with his earnest
ness and the solemnity Of the subject,
the scene was dramatic and unusual.
So was it, again, when Mr.. Howard
said
"You remember DR.. Garrison said he
came around the corner of Main street,
and saw DR.. Baird, and DR.. Baird's face
was red with anger, and he was on the out
side of his buggy, feeling ia his buggy for
a strap or something. Now, gentlemen, it
has occurred to me that if DR.. Baird was
on the outside of his buggy, feeling in it
with his left hand, his back would be to