Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-12
AFTERNOON SESSION.
The State Rejoins, and the Jury visits
the Scene.


The Jury, counsel and Court were
promptly in their places at two o'clock,
a large audience being present, while
the Jury room outside was we'll crowded
with witnesses for both sides.
As soon as everything was in readi-
ness, Capt. DOvener, of counsel for the
State, took the floor and said:
eff YOUR Honor please. and you, gentle
men of the jury, l shall now proceed to
make what is called rejoinder. There are
certain principles of law laid down as pri-
mary. to which, according TO clrcum-
stances, there are exceptions, and 1t is only
for that purpose l arise to correct some I'M
pressions left with you as to the law, that
YOU may be ably to apply the facts, and
will thus proceed to state the 1acts. ana
desire to say right here, that so far as the
State is concerned, they can afford to take
high place"
Col. Arnett-1 object.
The Court overruled the objection,
and an exception was taken, when
Capt. Dovener proceeded
81 say here, as the Colonel did, and l
joiu with him, as to certain things regard
ing the law, but disagree with him as TO
the Interpretation of that law. My friend
w
murder and explained it, and we also find
here stated certain defenses, but not all
the law, nor yet the full Interpretation of
the law as to self-defense, excuses and
provocation, and has shown you the facts
in rebuttal l shall give you that full in
depreciation, and, in addition, such state
of facts as the defense shall not be able to
counterfeit.
"There are three kinds of homicide-fel-
onius, justifiable and excusable. The de-
Tense stated what was justitiable and eX-
cusable homicide. He has asked you TO
well and truly try the issues in this case,
but the law is that you shall well and truly
try the case, and true deliveranAe make,
and a true verdict render according to the
solemn obligations you have taken. You
are to try the case according to the evil
dence, and if that evidence shall free the
prisoner from the peril in which he is
placed it IS your duty to make that true
deliverence. But he who kills by malice
aforethought, does not stand in that preclc-
ament.n
The defense here entered an objection
to the statements made, which was over
ruled, and the Captain proceeded to in
struct the jury as to the law. He was
soon interrupted again. but was allowed
TO go on, and pointed out that man
could not stir up quarrel and then, pre-
tending to be in jeopardy, commit muir
der and plead bodily fear and danger OF
life. Proceeding, Capt. Dovener then
drew attention to the statements OF
counsel for the defense, that when DR..
Garrison turned the corner OF Main
street, onto the north side Of Eleventh.
he saw Dr. Baird standing by
his buggy looking for hitch
ing strap or something, and that
as he drew down his hat and attempted
to pass, when DR.. Baird said there
goes that - --," and as he
went on, DR.. Baird continued to hurl
the epithet after him, and DR.. Garrison
heard DR.. Baird following him. He
said he would now make an exposition
of the facts, at variance with that given
by the defense, and not touched upon
by Mr.. Howard either and he was pro-
ceeding to do so when the defense
objected. After some discussion, Capt.
Dovener went on, and said:
after DR.. Garrison had passed along