The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1891-05-26

orator, and it was generally believed
that his speech Of yesterday would be
the effort Of his life. The announcement
that he would begin yesterday morning
packed the court room before court was
formally opened.
Col. Arnett opened his address at q
few minutes OF ten o'clock with very
sweet reference to the deceased princi-
pal of the tragedy and touching tribute
TO the family.
Mr.. Howard had said there was dif-
ference between the positions OF the
attorneys for the defense and State.
Colonel Arnett said there was no differ
ence except that the Prosecutor must
make an investigation OF any case
wherein the charge is felornious homi-
eide. When this investigation is once
begun, it falls incumbent upon the Pro
secutor to push that investigation toa
complete understanding of 1t. To do
this he must bring all pressure to.bear,
and he must demand Of you verdict OF
guilty in accordance with the
Indictment. The fact that an
indictment has been found means noth-
ing. It is very seldom that grand
inquest fails to bring an Indictment
against anyone charged with crime.
The grand Jury has preferred an indict-
ment against Dr. George. l Garrison tor
murder. DR.. Garrison pleads not guilty.
DIR. Garrison's plea has just the same
weight as has the Indictment. One side
pleads to you that he is guilty and the
other that he is not guilty. These pleas
placed before you make up the issue
that you are to arbitrate. You are not
to know any more OF the charge of muir
der against him than of the plea OF not
guiltytmade by the defendant, until the
evidence has been presented to YOU
and even then you must give.to the
defendant the benefit Of innocense till
that charge is proven.
THE D1AcKEsT CRIME.
This crime charged to him is the black
est on the calendar barring treason. But
you must have observed that every kill
ing is not murder; that every homicide
is not murder The things that
make killing murder are that
it must be accompanied by
malice, premeditation and deltbera-
ton. You have been shown the differ
ence between the various kinds of homi-
eide. A hangman is not the only man
whose act may be justifable homicide.
The law says that a man who kills to
prevent capital crime is no muir
kerer. He who kills by arson,
the burning house; he who
kills by poison, which includes neces-
sarily deliberation and malice, is a muir
derer. The monster who commits MUIR
der must have the act in contemplation,
must have malice and plan and prepare
for it. He is not the man who in the
excitement of combat when the blood ID
snrging through the veins, decides to
kill and does kill.
Right here, look into the face OF that
defendant and say to me If he is the
man who could do such thing. 1t is
said that God writes plain handi that
He sets His seal upon the brow Of His
creatures. That face isno counteteitj
there is nothing in itthat could lead
you to think that its bearer could com-
NIT such crime.
Who has been brought here to prove
deliberation? William h. Fee, Mr.. w,
@. Beans; who else mo one else; no one
else. The State has told you that Dr.
Baird made threats when he was under
extreme pressure; that they were yapor-
ings OF an angry man. DR.. Garrison
had received letter such as has no
equal in the history OF any crime. He
was stung with rage and indignation at
the insults cast upon him, and this
grand final insult, and may have said
something. Mr.. Beans could not even
remember the language used, and the
stenographer's notes will show that he
said the language made no impression
upon him whatever until in the light Of
further events DR.. Baird was killed and
laid in his grave. Then these words,
which even then he could not remem-
Der, came partially to his mind and ne
went and told the Prosecuting Attorney
and was brought here to repeat what he
thought he could remember for the
purpose OF convicting this man of muir
der in the first degree.
If DR.. Garrison was bent upon the de
struction OF DR.. Baird, why did he not
do it when he was attacked upon -Four.
teenth street; again upon North Main
street; again upon Sixteenth street,
then upon Market street, and all over
this town.
TO GIT AWAY.
He turned corners to get out Of his
way; he went down alleys and out OF
his way to escape him; he made every
effort to keep out OF his way This iB
not the kind OF stuff murderers are
made Of; they do not bear up under
such circumstances and maintain thelr
dignity and calmness.
No man in all the world so much de-
plores the death Of DR.. Baird as DR.. Car
rison does. He did not kill DR.. Baird
through any malice or because he
wanted him to die, 1t was because he
felt that one OF them must die; because
he wanted to live out the time allotted
to him and to remain with his wife and
family.
It has been said that the rea.
son DR.. Garrison had not killed
DR.. Baird before was because al-
ter hurling these epithets DR..
Baird always drove away and did not
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