Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-23

out the difference in the position of the
TWO counSels, saying, in effect, it would
De crime for the State to mis-state
evidence or the law, while the defense
was not bound in that way, and need
have no qualms of conscience about
either the law or the evidence-if they
could convince the jury as to either law
or evidence they could do it-they could
mislead jury if they could, and II
would be all right, but the State must
keep in the narrow path. 1t was the
duty of the speaker TO keep the jury
from being mislead, and to lay down the
law so cOncisely that they could not be
misled by the gentlemen of the defense,
and that would be his hope and nten-
ton.
His first theme was the duty of a
Juror 1t was grave and responsible
position in any case, and on 1t rested the
whole structure of the criminal law.
Unless there were jurors firm enough
and honest enought TO enforce law,
then there could be no law. If the jury
erred against the defendant, the Court
would correct it, but if it erred in favor
of the defense, the State had no redress.
A law without penalty was no law;
: penalty not enforced, was no penalty OF
all, and on the firmnesS, honesty ana
integrity of the juryman rested
the whole majesty of the law. In a
civil case it was different, for errors
could be corrected on both sides, and he
= dwelt upon the distinction. The money
to build Court Houses and jails, and TO
pay salaries of judges and sherlffs,
and others was not for nothing;
il was all for purpose, and
. that purpose was the fulfilment OF
the promise of the law that it
!, would protect life aid property, by
finding verdicts in accordance with the
; law and the evidence. If juries failed
the law failed, and if the law failed gov
eminent failed. The law must be en-
forced, no matter who suffered, for II
not. il would be better TO turn our
Court Houses and jails into rendezvouses
/, for assassins, and that we expend the
money now spent for Courts and officers
in buying arms for self-protection.
7 The people would not stand forever
! the Justice that send man who steals
$50 to the penitentiary, and let man
| who steals a human life go free. The
= fault was not with the law, but with the
2 iurymen who disregard the law and the
evidence. He knew how hard it was,
sometimes to do that duty; he knew how
willing the spirit might be, and how
weak the flesh often was, to stand
against the natural disposition to
sympathize with the man who was in
trouble. and his family, and against the
ingenuity of counsel, and it was because
he knew how hard it was that he wanted
to recall the solemn oath registered
in heaven, that they would return true
verdict. according to the law and the
evidence. let the lightning of punish
ment strike when it might-no matter
: whose head fell in the basket He re-
called the picture Of the Roman sitting
, in Judgment on his own son, and when
il was recalled to him that he was a
, father, his reply was, land am also
Roman consul"
The speaker had no patience with
that virtue which is dissolved by tear,
or demolished by sigh, and dwelt
anew upon the great wrong to the law
which they were called together to
ayenge--whether man, in the popular
streets of a great city, could be shot to
death. when he had struck no blow or
drawn no weapon, and said the question
was whether a man who had killed
man. as DR.. Baird had been killed,
should walk the streets free man, and
monument to the weakness OF the law.
Mr.. Howard then passed to a review
of the crime. and pictured DR.. Baird
leaving his home on an errand OF mercy,
| l.;
going from door to door; and he also
pictured DR.. Garrison leaving his home
on what proved to be an errand of de-
struction, with weapon cow enlehG
IN his pocket. The paths of those two
crossed, and then. on populouS street.
on the very ground where our ancestors
had performed deeds OF bravery, that
we might have civilization and law,
> and order, the victim was shot down 10
cold blood. The victim, receiving the
fatal shot, turned to escape, and when
his hack was turned-a man who
had lived nearly his allotted
tion-an old mana man who had saved
many liyes-was shot in the back; and
no man can say that that shot was not
the shot of a coward and an assassin.
Soon the old man was dead, and the
whole community, without regard to
any one. mourned his departure and
mingled their tears with those OF his
I. orphans, while his murderer walked
|, away a free man and surrendered him
,, self into the shelterng arms OF the
officers OF the law. He plead not guilty
to the indictment, and asked 10 be tried
. by his countrymen, and an issue is made
: up and his countrymen are sent for and
great number responded, and you are
selected from among them-not
, to try whether or not he
killed DR.. Baird, but whether
his plea Of self-defense and justification
is correct. Fourteen people had sworn
!, they saw DR.. Garrison fire at least one
shot. and five had sworn they saw both,
so the fact that he did not killed him
couldn't be set up, and therefore came
Sef-defense.
, Mr.. Howard then set out to explain
the law of self-defense, and gave in
stances and examples illustrating his
ideas. Threats of killing were not alone
sufficient, although a man go along the
street and tell everyone he meant TO kill
another, and people went to the house
of the one threatened and told him OF
the threats. A man could be on his
watch, and then il a weapon was drawn,
70 protect life, or the other man could