Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1891-05-24

by MIR. He nj then passed TO re
view Of tn : ent character of the de-
fendant. C. : izing it as being of the
very highe est, and followed that
with the SIS manner in which
he said client had been
viliied aud : uted by the deceased.
The speaker DOn this at great length,
and then after saying again that DR.. Gar
riSOn was a man who never had a personal
difficulty, until he had been assaulted by
DR. Baird, he took up the personal encoun-
ter and said that q vile epithet, which
scarcely any living man would have stood,
had been answered by simple submissive
protest, and that protes, was reptile to by
a blow. and a threat TO crush the de-
fendant TO the earth. and later by threat
20 Kill. and went on to argue that man
was presumed 10 intend what he said, as
man was also 70 be expected TO look for
what he had been assured, in the most I'M
presSive and terrible manner would come
10 pass He said Dr. BairdS character
was violent in It's nature, and referred TO
how Attorney General Caldwell had
"Sulked in the dark upon an Oc-
casiOu "because be either expected trouble
In the shapeof an attack upon DR.. Garrison,
or that AT least DR.. Baird would make fe-
lentless warfare upon his nephew for even
assOciauug with Dr.. Garrison. And yet
we are told this man was not man Of VIC
lence And more than that, on all Occa
siOus, at every opportunity, inthe presence
of relatives and among friends, ne would
hiss his vile epithets into the ear Of the de
feudaut. and told others he was not done
with him., and that he would kill him
and this is the sort OF man You are told was
not man of violence and not given to
Quarrels'
Mr.. Sommerville asked the jury to bear
wei i'm mind on the one hand that the evi-
deuce had shown DR.. Garrison 10 have the
best character ever given a man arraigned
i'm u court of Justice, while on the other
hand it had shown DR. Baird TO be the re-
verse. and said 10 was necessary TO keep
these distinction regarding the main char
acters I'm the bloody drama well in mind.
He referred TO the failure of the defense
TOT put Messrs. Alex. Frew, Clark Hanes and
W II Travis, on the stand, and SAID they
did not do 10 because they could not under
the rules of the Court, but that, on the
other hand. the State could have called
them to contradict DR.. Garrison, yet they
dare not do IT,
The tragedy Of the 7th of March was
then taken no. and Mr.. SOmmervllle fol
lowed the defendant from Mr.. Beu's house
20 Eleventh street, the object OF his visit
down town being minutely set forth. He
said that when the two men came into
view. il was the first time they had met on
their feet since the gas Cffice trouble, and in
that connection, referring TO the claim OF
the State, that Dr. Garrison, seeing Dr
Baird. should have avoided him, said.
The defendant had a right on the
street. and 70 claim he should have skulked
away was to expect too much. He had
simply gone where his business called him,
and where he had a right TO 90. Then
DR. Baird began his insults, but DR.. Garri-
son passed on, and then he heard him com
ing behind him, curSing him. How
natural 10 was that all these threats should
flash through Or. GarriSOn's mind, and
that. believing himself in danger, be should
turn around and say Doctor Baird, don't
do that Then came the repetition Of the
insult, and AS.( (arrison'S request, Doctor,
YOU must rTEaAthat back Then what
followed3 DR. Baird Immediately declares,
calling him the Z nay9s, ,,..l = " take moth
ing back, TN y5'Sr IN bead off
ana raised hhssyrt to MS breast
Mr. Somuiertille then referred TO the
claim of the State that there must be some
overt act. and said that simply meant some
act which tue defendant believed at the
moment was threatening, and went over
the act again as described by the witness
Baker. and as illustrated by the plat of the
street. and said If Baker had seen DR..
Baird in the depression in the pavement
in the little gutter-he must have gone af-
ter DR.. Garrison, for the little gutter IS
east of Mrs. Knights door, and this cor
roborated Ir Garrison, and was borne out
also oy the fact that DR. Baird did not hitch
his horse, and also that Mr.. l. ID. Prayer,
who stood at his store door, talking TO Mr..
McGre could not see Dr. Baird when he
heard the first shot, and this was illustra-
ted 70 the Jury by the plat Of the street.
At this pOiut recess was taken until
l .t5 p. m.