Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-05-24
% VERDICT REACHED
~ TIE JURY IN TUE GARRISON CASE LAST
NIGHT.
N, Whole Of Yesterday Esyotsd to The Arguments
Of Coanssl-EE,ctva Speeches Made Upon
Each Siie-Ths Jury Went Out at 9
D. m.-Large Attendance.

At q qua rtcr after ten they were
called into Court, and not having
reached a verdict, were adjourned until
this morning at nine.
The whole Of yesterday was given
.,ysr 10 arguments OF counsel, Mr.. How
.-3 addressing the jury in the morning,
Wsssrs. Sommerville aud Arnett in the
afternoon, and Captain Doyener con-
eudins last evening.
There was a large attendance Of peo-
ME throughout the day, and last night
cha Court no ON was crowded.
A summary Of the remarks Of counsel
is appended
THE DAYS EVENTS AND THE SPEECHES.
At the opening Of the session, yester'
5ov morning, the State called John
Holt who was absent i'm Pittsburg, last
week when he should have testified
che matter having been referred TO Sat
rr5sy before adjournment. The de-
s,,seobiectei 10 the testimony, when the
state said there hal been agreement
p, allow Mr. Hollis evidence TO 60 in
rssp he returned. The defense de-
rfed this. insisting there had been no
srrb agreement. The Court said il was
r,der the impression there had been
sgeh an agreement, but in the face Of
the statements by the defense, there
must have been a Misunderstanding on
bis part The objection was according
Iy sustained.
The case being thus brought TO that
ooirt whore arguments of counsel could
rr1oerIv begin, the Court set limit OF
f-ree hours and a half 20 each side.
Tbe arrangement was that Mr.. Howard
sbouId speak during the morning,
Nessrs. S0mmeryil.e and Arnett during
the afternoon, and Capt. DOvener close
I'm the evening, when the case would 60
% the jury.
ME-. HOwARD's OPENING ADDRESS.
Mr.. Howard began his speech about
hqIf-past nine o'clock, and made an ad-
dress fully equal, and i'm some respects
surprIor. TO his efforts i'm the two pro-
ceeding trials. He covered the law and
the evidence I'm a very thorough man
ner, and 40 times his earnestnesS and
e.0guence were marked, ne being lis
tened TO with the greatest interest by
an 10 the Court room.
I'm the course of his remarks, Mr..
Howard said:
There are two sides in this case,
the State Of West Virginia aud DR..
George l. Garrison. On one side are
The people, whom / represent and
ON the other side the defendant.
The State charges that he muir
dered him I'm the manner charged in
the Indictment AS the representative
of the people 1 appear against him. 1
have no prejudice against Or. Garrison;
in the recesses of my heart / have no
feeling at all against him. There has
never been iu our relations anything
between us. All that feel in the case
is natural revulsiOn toward a man
who has taken the life Of another, who
has fred a deadly weapon at one Of his
fellow men and put out the spark Of
lIie."
On the question Of epithets and
threats Mr. Howard said:
The rules Of law render it absolutely
impossible for any jury TO render a YER
diet Of acQuittal in this case. The teStl-
mony will not warrant it. The law re-
Quires that there must be an Overtact be-
fore the killing IS juStiiable. There must
be q hostile demonstration, so much so
that the defendant is convinced that
his life is ia imineut danger. No evil
deuce iu this case, save that Of DR..
Garrison, shows that this was the case.
The mere fact that q man has made
such threats as I'll kin him. IN cut
his heart OUT 'Ill crush him 10 the
earth never justify DR.. GarrisOn'S /
crime. III this were the rule We would |
have a murder every day, SO the law
provides against it,
On the subject Of the weight OF evil |
dence DE said
"Dr. Garrison alone says that he |
made q hostile demonstration, and |
twelve witnesses say he did not. The /
jury mus, decide between DE-. Garrison /
and these twelve witnesses. They must /
believe that either these twelve wit |
Iesses periured themselves or DR.. Gar /
ris1n did. IL the time has come /
when a jury will believe one man /
against twelve, and that one most I
vitality interested, and will justify muir /
der because man lifted his hand-if |
that is true, then the jury system is /
failure and the law pOwerleSS TO protect |
citizens"
Taking the testimony OF Mr.. Booking, |
Mr. Fee and Mr. Beans, he stated that /
twas introduced 20 show generalization, /
20 show that be had murder i'm his heart. /
"But Or. Garrison claims that Mr.. Fee /
and Mr.. Beans were in the Baird fac
ZION. What proposition. One faction
Tor murderer and one against him!
When things come TO that pass. that
one side is for murderer and the other
against him, whether l am prosecuting
attorney OK this county or one of its
Lum0.est citizens, you must count me
against the murderer. Great heavens,
gentlemen, there should be two sides 20
tails question, but one should be the
people and the other the murderer"
Continuing, he said that Mr.. Fee or
Mr.. Beans or Mr.. Booking had no res-
son under heaven TO come here and per-
!0re themselves, and that their teSti-
me1y was beyond contradiction.
Dir. Howard reviewed the evidence in
oeiail, spoke OF the various degrees Of I
murder, said be not see how any other
verdict than one Of second degree could !
oe rendered, and closed at ten minutes
OF u O'clock.
Mr. SONNiEEvuLE'S SPEECH.
Mr.. S0mmerville opened the argu-
ment for the defense at half-past
one O'Clock, speaking before avery large
audience. His address was argumen-
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