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

There were more ladies present AT the
opeuiug of the afternoon session, than upon
any previous day of the trial, they being
scattered all through the audience, which
was very large, every seat being taken at a
quarter Of two o'clock. At five minutes OF
two Mr. SOmmervllle resumed by say ing
that at the hour of adjournment he was en-
deavoriug to get the gentlemen of the jury
into the position the defendant occupied AT
the time of the shooting, aad referred TO
Measurements made by counsel for the State
that they must look at IL only from the
standpoint of a reasonable man, and not
from that of the defendent himself. de
quoted from the Kane case, used by Mr..
Howard on the previous day, IN support OF
his claim that il was the prisoners stand
point that the Jury must regard, and not
that ideal reasonable man. He then went
back TO the statement of the witness Baker
that the defendent stood IN a low place or
depression in the pavement, and produced
a photograph of the scene 10 show that the
only depression in that vicinity was east or
the door of Mrs Knights boarding house,
aud reiterated that If DR.. Baird was IL
that depression. he was not going into Mrs
Knights door, but was pursuing DR.. Garrl-
son east on Eleventh street.
Mr.. Sommerville then referred to the
testimony of Mr.. Baker, and TO the clam
bv the State that they did not regard him
a. an important witness, and wanted 10
know if this was SO, why a whole quarter
section of Marshall county had been sum
moned into Court TO break him down. Mr..
Sommerville insisted that Mr.. Baker was
a very important witness, ana asserted
that his eve and his mind were upon Or.
DR.. Baird before the firing OF the nrst Shot,
and therefore he, better than any one else
4 lruANr
said and done by DR.. Baird, that being so,
ne was strongly cOrroOOratlve OF the evl-
dence given by the defendant, and be ar
rned that Baker must have told the truth,
because he could not have guessed,
without being present, that there was de-
,,rsssion in the pavement at that particular
snot MIR. Howard said MIR Baker was
,ontradicted bv thirteen witnesses, but the
sneaker was sure no one cOntradicted him,
because no one of the whole thirteen had
DR. Baird in view at that particular uihe'
He reviewed the evidence IN lui,
peachment Of Mr.. Baker, and asserted
that the effort 10 impeach him hau SlghalIy
failed, after drag net had oeen thrown
AN over Marshall county. Ihere Seeiheu 70
the sneaker to be no reason why the VIII
ness should not De believed ne s.aEGS hIs
before YOU, gentlemen, IN my mum o'e
opiuion. as "a man more entitled 70 creult
now than before he was attacked"
The speaker then said;
"But. gentlemen, DR.. Garrison evidence
has been attacked and assailed, and you
have been told that a man in ms position
would not be likely TO tell the truth. Cen
tlemen. what did the Legislature OF west
Virginia mean to 10 when it allowed de
fendant to 20 on the stand. Was It's Object
~ fiood the State with false witnesses and
N fil it with perjury. The very fact that
tbe legislature did So is very strong rea-
son for the presumption that the evidence is
=, ~, ,,,,eoted. Ii is true that Garrison Is
nm Interested party, out l submit to you
t6at a man of the high character ne mas @
heen shown To have, would not MAKE
any false statement. II the es IaceS
The case were aSaihsS !.
hin, all he had to do was to have kept on
~ ~, ,t4ad He was not obliged to speak.
JJ 9S had an escape from perjury by refusing ts
- onen his lips. Yet when you rememo@er @
boSy ne is corroborated by Baker ana oS
prayer. ANA 0y the photograph, ana wnen
Won remember that he was Suolecteu 70 :
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