The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-12

1 making any further statement Of Il
J, case on the ground that there Is no ri
> which allows more than one statement,
!. the case by each side. The court owe
!. ruled the objection and hedefense toe
8 exception to the ruling OF the court.
. Captain Doyener resumed with th
statement that Colonel Arnett had M
, fully stated the case, and that NJ
, HoWaFd's statement needed gometbin
, added as rebuttal 10 what Colonel Al
nett had said.
Captain Dovener went OF in q hig
fight OF oratory but was interrupted b
another objection to what was bein
said. After the exception had beel
noted, Captain Dovener.Went on to col
rect what he termed q misstatsment Q
. Colonel Arnett as to the meaning Of de
liberation. You can not get into the in
side OF a mans brain TO see what cogita
ton there is there. You can onl.
Judge OF mans intentions aud his pre-
vious thoughts by his acts. The Law
presumes that q man acts advissdly anC
consCientiously and the effect must b.
| the result Of that premeditation that Il
implied.
There is again an expressed malice
When there Is a murder committed
after a psrson has said beforehand tha
he would commit such a crime and the
homicide Is com nit.ed by the person
who has expressed his intention Of com
hitting such q homicide, the law pre-
sumes and cannot do ootherwise than pre-
sumo that premeditaiion has taken place
He also took exception TO Colonel Ar.
netts defnition OF msnslRughter, and
stated that even In a fight the aggressor
or the person who began the quarrel
cannot lake the life Of his alVersary in
that quarrel. Even the other party To
the quarrel has no right TO kill unless
his life is In great danger. The prisoner
is not TO be the judge Of whether he Is
in danger Of bodily harm. The jury is
not to place itself Ia the place OF the
prisoner, except that 1t shall receive
the same information that the prisoner
had and Judge for itself whether the
prisoner was In great danger. You are
the judges OF whether he was in great
danger. Idle threats with no effort or
intention to kill shown, is not good
ground for homicide or for fear OF great
danger. II 1t is shown that the threats
were mere idle talk and were not &C
companied by any effort to put those
threats into execution they are not To be
considered as good cause for fear Of
harm.
A RRyfRW or TuR TRAGEDY.
Captain DoYener reviewed the state
ment that Colonel krnstt had made
concerning the tragedy and his descrlp.
ton OF the circumstances attending it.
He again grew eloquent, and Colonel
Arnett again objected. Mr.. somervilIe
took the floor and made an appeal for q
decision Of the point he and Captain
Doyener INDUCED in little very ordin-
ary by play, aud the court decided that
the facts should be stated eueCinctly and
tersely, and that facts alone ahould be
spoken. Captain DoVener said Dr. Gar
rison met DR.. Baird forty feet east Of the
point where the tragedy occurred and
DR.. Baird drove on In the direction he
was going, and DR.. Garrison stopped and
went back and met DR.. Baird at the
hitching post, and there for the first time
Dr.. Baird knew that DR.. Garrison
had stopped aud come back. DR.. Baird
was STOPPING over hitchinH the horse
when DR.. Garrison came up and said
"You must take that back" DR.. Baird
rose and stood erect with the pose
that was customarily his. Az he was
about to turn to enter the house to call
upon a patient, DR.. Garrison cred the
shot. The shot was fred while Or.
baird was about to 20 INTO q hbuse TO
call upon o patient and was standing
obliouely and about to leave the scene.
Captain Dovener said it would be shown
by three witnesses who were standing
in window forty feet away that Dr..
Baird made no show Of an offensive
action and that not even by the shake OF
a finger or his bead did be offer 10 give
ogense. Then, after he had turned his
back and there'eolld notpussibly be any
danger Of an assault, DR.. Garrison fred
the second shot.
The Captain stated that he would show
that DR.. Baird was Just as strong and
Just as able to defend himself for five
minutes after She shot vas fred as be
eyer was. He did not maize an effort to
ilre shot. He also stated that DR..
Baird, at the time he went into the pa.
per store Of l. D. prsRer, bad on a heavy
overcoat buttoned TO the chin and pair
Of fur driving gloves that reached TO his
elbows, and that these clothes were not
removed till he was in the thToeB OF
death. This way be wps dressed pre-
clqded the posglbllity OF his drawing his
pistol and DR.. Garrison could not be in
the way OF harm from Dr. HaiFd.
He also said they prgt d TO show
that DR.. Garrison had draw i his pistol
and carried 1t In his hand from the time
be turned from his original direction on
Eleventh street. He held that DR.. Gar
lison drew Ills pistol Wlilp he was uool
and collected, 1nd not IL tn. heat OF o
quarrel. Captain DoYener made a re-
lhark that QOl0nel 4rnett o. cted to,
and another wEangle ensued. II closed
at 8 o'clock, and Captain Dovener went
on to tell the jury Of the window in
John Walton's house where the three
witnesses stood when the tragedy took
piuce and to tue Fing in tie OIrl yherp
he proposes to show tlias Dr.. Baird was
tying bis horse when he was shot. Mr..
Sommerviiie took issue with him aud
Snotbeg VrSngle efsped. Ths court
heard them patiently and allowed Cap.
tain DoveIer 70 20 on and Oall attention
to all other physical matters to be found
on Eleventh street upon which the pros.
ecution proposes 10 base its evidence Of
places and distances. He asked that the
Jury, when u viewed the ground, take
huteiOf ell these IhinG5, 90. chat they
may be intimate with locations and cir.
cumstances when witnesses are upon
the stand telling their stories OF the cir.
Cumstances Of the tragedy and locating
the prinCipsls hY thelr relation 10 othet
pbyhcal charsEferitticS.! y. - =
There was another very tiresoms
vrahSle among the attoEneYs, and tho
Court tiaGIly lot hot and called them
down aud stated that they should ad.
i -. a. =