Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-05-06
COL. ARNErr's ADDRESS.

Col. Arnett began in very low tone,
making his preliminary and introduce
tory statements in an almost inaudable
voice, but he sood warmed up and spoke
with vigor and effect. He said he want
ed to commence by making brief state
ment regarding his testimony. A state
ment by a client to his counsel was as
sacred as the secret Of the confessional,
and could not be brought out in any
Court of Justice He had made the
statement he did yesterday, although he
knew the questions could not be legally
asked 1t made no difference to the
speaker what had been said regarding the
statement, and he had lived too long
and had grown too old to pay any great
amount of attention to the remarks OF
counsel for the State that he had hidden
behind legal technicality.
Then, recurring to the facts OF the
case, he said he would take up Seridtum
the essential points, making up, as the
defense thought, such state OF facts
as would warrant verdict OF acQulttal.
He referred TO the various possible YER
diets, pointing out that first degree had
been eliminated, and that the highest
possible verdict was murder in the sec
ond degree, and explained that and
other verdicts on down to assault and
battery and acQuttal. He referred TO
the State as holding the Affirmative that
the defendant was guilty, dwelt upon
the weight of evidence and its probable
ity, under general circumstances, civil
and criminal, and then pointed out the
vast resources of the State in criminal
prosecution, having abundant means,
while the defense was limited to its own
resources.
After calling attention to these pre-
liminary elements, Col. Arnett took up
in detail the crime of murder in the sec
ond degree, aud said, among other
things, that malice was necessary in
gredient of the crime. Voluntary and.
involuntary manSlaughter were each in
turn defined, aud he said that outside
of those IL was not necessary to go. The
all-important consideration, under the
evidence and the law, was DR.. Garrison
guilty of any of the crimes he had re-
ferred to, or was be entitled to go &C
quit?
He referred to the witnesses Fee,
Cartwright and Beans, and then
he took up the case OF the witness
Booking, aud called on the jury TO wit
ness the remarkable statement that
witness would come two or three hun
dred miles to make statement he had
never opened his mouth about for weeks
and months. He called attention to the
threat said by Mr.. Booking to have
been made by DR.. Garrison towards DR..
Baird, and said it was more than pass
ing strange that he should have used
the expression on catching sight OF DR..
Baird, when there had been no previous
conversation about DR.. Baird. He left
il TO the jury TO say whether or not
weight should be given to that.
The evidence Of w. Il. Fee was next
reviewed. and Col. Arnett SAID that was
another occasion when there was no one
present but the two witnesses, viewed
alone BY the eyes of God. The evidence
OF Mr.. Cartwright was then referred TO,
and this led up to an exciting episode.
In referring TO it, he said he had no
desire TO attack the honesty of the
witness and added
Il have no desire to give an example
Of the man who had the sublime cowar-
dice TO stand up and attack another
man, when he knew his hands were
| tied.
Mr.. Howard who had been sitting on
the south side of the Clerks desk, jump
ing up Colonel, your hands were not
tied when l attacked you, yesterday.
Col. Arnett-I decline to be inter
rupted.
Mr.. Howard say your hands were
not tied when ! attacked you.
Col Arnett-Am to be interrupted
/ in this manner?
Mr.. Howard-You attacked me direct
", sir. and l replied to it.
Col. Arnett-I don't indulge in scrim-
ages here in Court of Justice, and
decline to be interrupted.
Mr.. Howard have not said any
thing to you here that | won't say out
side.
Col. Arnett-I want to remind you
that this is not bear garden, and l