Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-27

at the pOStOifice, when the defendant
made a threatening movement and fol-
lowed it with a reference to the anony-
nous letter, which he said was letter
which no human eye had seen until the
showed it himself. a letter
whose publication was by himself, so
far as there was a publication. And in
his anxiety to get sympathy, he shows
it to who? To the expounder of public
opinion-to the newspaper man. Does
not that indicate purpoSe?"
Captain DOvener continued to follow
up the case, taking the evidence for the
defense solely, and passing to the scene
of the shooting, said, SIS it not possible
that Dr. Garrison knew that DR.. Baird
had business there, and that he was
ready and prepared with that deadly
weapon in his right hip pocket. He
would have you believe he was going
down that alley. Why? To have you
believe he wanted to avoid DR.. Baird. II
he didn't know DR.. Baird was there,
how could he try to avoid him? There
is no point in that statement, unless he
knew DR.. Baird was then on Eleventh
street. He said he wanted to go TO the
market house, and that he came down
town in car, and when he had gone
within half square of where he wanted
to 20 he got off and waited for car
and TO have his ticket punched to go
that half block. And that when he
was within a few feet of the market
house. If he wanted to go there why
didn't he go. There was a friend
talking to him who had to say goodbye
to 90 in the very direction Of his deSti-
nation. He wants to go to the market
house, and he goes west half square
and south half square and rings bell
at an alley-or says he doeS--and al
though a lady gets on DR.. Garrison
don't get off, but rides on down and
Jumps off at Eleventh street without
ringing the bell, although he didn't get
off at the alley after he had rung 1t and
the car had stropped and a lady had
gotten on. If the car had stopped at
Eleventh street he would have gotten
off on the south side of Eleventh street,
and then, if he had pulled his hat down,
and with DR.. Baird STOPPING over with
his back to him, tying his horse, do you
think Dr. Baird would have seen him?"
Captain Dovener gave the jury the
distance from the hitching ring to Hey
mann'S corner, and dwelt with great
earneStneSs upon this point, which he
urged a man really trying TO avoid an
other would have taken, and in doing so
said it was Dr. GarriSon'S duty to have
avoided DR.. Baird if possible. That
would not be denied, and the Court
would so instruct the jury.
In this manner Captain Dovener fol-
lowed through the case, taking up each
point in turn and commenting upon 1t,
and finally took up the bloody overcoat
of the deceased, and replying TO the
statements of the defense as to the
shots, demonstrated that the theory of
the State was the correct one and said:
"TheSe dumb mouths, from out of
which the life blood of that aged physi-
clan flowed, speak the truth, and this
damned spot, which will not out, cries
out against the deep damnatiOn OF his
taking off. The bullet holes are mute
witnesses which tell the truth regarding
that fatal shot"
He disputed the statement by DR..
Garrison that he fired the two shots as
quickly as he could, and demonstrated
that there was an interval and that the
second shot had been fired after de-
liberate aim had beed taken. He said:
"Gentlemen, he says he fired that sec
Ond Shot as quickly as he could. Did
he? He said so himself, but does his
own witnesses say so? No. 1t was not
fired under the great excitement DR..
Garrison said it was. His witnesses say
no, and the facts say no. His aim was
deliberate. The ball went in at the
ear. and came out of the eye, and DR..
Baird'S back must have been turned TO
GO towards the door. And that was the
shot of an assassin, and not the shot of a
man firing in Self-defenSe. 1t was the
the evidence of the revenge, and of the
determination, and of the deep-seated
intention to take that old maG'S life that
morning"
He took up the argument of counsel
for the defense that DR.. Baird had pur-
sued DR.. Garrison, because DR.. Garri-
son had said he heard him, and because
the witness Baker had said he was in
depression, and their argument, de-
duced from that, that the depression
meant was the little gutter which
crosses the pavement east OF Mrs.
Knights door, and giving every other
Juror a photograph of the scene, and
putting large magnifying glass into
their hands, he demonstrated to them
that the depression Baker meant, and
the depression in which DR.. Baird of a
verify was standing at the time he re-
ceived the first shot was that around
the western gas cap. He read from
transcript of the evidence while the
Jurors made their investigation OF the
pictures, and demonstrated his point
clearly and in very interesting man
ner. At the end he said:
The gentlemen on the other side
have said they only wanted the truth,
and yet for the sake of clearing this
the purpose of clouding your
the purpose Of classifying the
tell you that DR.. Baird was !
standing in that gutter, sixteen or sew
,nteen feet too far east, and get out |
diagram TO help them do it. And then |
IN top of that, in what has been called
'ery able argument, my friend tells you
nat l. IL. IIdBtI tcitS you ~. Lot
zee If he tells us so. Let's look at an
'ther photograph"
He here distributed to the jurors an
ther series of photographs, taken from a
,oiut on the west side of Main street, and
fter explaining where Mr. Prayer was
landing he said
Now, Mr.. Prayer was standing at