Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-05-06
GONE TO THE JURY,
THE CASE GIVEN INTO THEIR HANDS AT 915
LAST NIGHT.
No Ysrdietai Ten O'clock, and They Were ADJ
joarnad Until Morning--Ihc Arguments
Pro and Con. During the Day--An
Immense Audience Last Night

The Garrison murder case is once
more i'm the hands Of the jury.
They went out at 9;l7 last night and
after celebrating until 10 p. M, were
adjourned until o o'clock this morning
There was a very large crowd az the
Court House all day Yesterday, TO listen TO
the arguments OF counsel aud last night
the building was jammed with an I'M
mense audience. the interest riVallnS
that at tho first trial. On the streets
the trial and the probable result was
very prominent topic Of conversation
Following is our summary OF the
events OF the day.
THE oPUNING ADDRESS BY MIR. HoWAEp'
Mr.. Howard began his address at
9:0S. by reminding the jury that they
had been selected out Of over 600 70 try
This most important cause, aud the labor
had dev0lyed upon the twelve before
him. That was guarantee OF the IN
tellgence and impartla!ity Of the gen
tlempn addressed, aud 10 was reason
able assumption that they knew their
duty and would perform 1t fully. III
would be one OF his duties TO Instruct
The iurv regarding what the rules OF
law we're and how they applied to the
case in hand. One of these rules,
ne went On to say, applied
~ Justification. The jury was
not TO decide that matter for them
selves. but were TO be governed by the
law made for them. The law has pre-
scribed what is "a sufficient Justlhcatlon'
in order that the administration OF JUS
rice may be what il pretcndS TO be
equal, fair and just. he referred %
the often-heard assertion that the law
was unfair, and bore Unequally upon
rich aud poor. That was, alas, often
the fact. but the fault was not IN the
law. The law was just, the law was
eopaI. the law was right, aud when In
Justice was done, the fault was not
I'm the law, but in its admin
istration. He did not want
mat to be said OF this case. He wanted
The verdict in the case at bar 10 stand
for Justice aud the faithful admins
tration OF the statutes. The facts IN
mis- case fully justified a verdict in the
frst degree, but owing 60 the mistaken
idea OF a Jury, which had sought 70
teuDer Justice with mercy, that verdict
couId not be rendered IN this case. The
highest verdict they could ind was
verdict I'm the second degree, and he
trusted there would be no compromise
between right and wrong in this matter
nv such a verdict as manSlaughteT, or
assault and battery. Que of TWO YER
diets ought 20 be handed in-either muir
der I'm the second degree or not guilty.
There should be no compromise.
III YOU believe Or. Garrison killed
Dr. Baird with revolver, you must ind
him guilty OF murder In the second de-
Cree-unlcss he did u M Seli-detense.
He then took up Seif-deienSe, and
pointed out familiar examples OF what
self-defense was, and how man might
be justified In taxing anOther's life that
he might save his own, or protect hlm-
SELF from great bodily harm. de
warned the Jury that the defense were
permitted 10 win their case IN any man
ner they could; they were TO induce the
iury 20 fluid him not guilty If they
rOuld, "eyen though, body and soul,
ne be stencil i'm your nOStrilS.' That
Is their duty. Ii was not so with the
sneaker. Counsel for the State was
restricted 90 a narrow path, aud could
take no advantage Of the defendant.
He recalled TO the jury the evidence,
and asked where there was any evidence
Of hostile demonstration, aside from
that of DR.. Garrison. ASK yourself
where that testimony Of hostile dem
onstration by Dr. Baird is. You can
not find IT,. He recalled TO the jury the
location of the eye witnesses aud said:
,.AIl classes OF peOple-white and black;
young and old; men and women, all had
their eyes upon them. They were 10
All directions: 10 the right, TO the left;
across from them and above them.
Some OF them saw them before the first
shot and where is the evidence Of a hos
tile movement? IL is not there"
He referred 70 the fact that the de-
Tense had twitted him with not bring
ing Miller into Court, and said il would
have been a crime 20 have done 50.
,eThev twit me with not bringing Miller
into Court, and yet they produce as
their only eyewitness a man who per-
iured his soul. IL was a pitisble sight.
IN made my blood run cold as he sat in
that chair and detailed a crime he evil
IDENTIFY did not see. To the name OF God,
what did they mean by bringing such
testimony as that into Court?
He ran over the evidence Of thirteen
eve-witnesses produced by the State,
detailing the testimony Of each in its
material aspects, contraSted 10 with the
evidence OF the defendant alone, and
concluded that the demonstration
spoken OF bY the defendant con-
sisted Of Dr. Baird simply raising his
left hand "And that is what the de-
feldant claims Is justification for
taking that old mans life. "
After referring 20 the statement pub
lisued I'M the REGISTER, be said: what
ever my friend may have forgotten, or
whatever be may not remember, IL is a
fact that 40 the COrOneT'S inquest 10 was
shown that revolver was found IN DR..
Baird's hip pocket. and il is also a fact
that my friend went 20 the REGIsrEE
Office and talked 70 q reporter and gave
him tale as coming from DR.. Garrison,
and intended 90 60 10 the public. ~
It was found that the story would not
do. and that il must be repudiated, and
my friend cheeriuiiy went on the stand
and repudiated il or forgot il"
Referring TO Or. GarriSOn's evidence.
he said: Il don't make any bones about
this. / believe the man VINO is on trial
for his life or liberty will tell what is
most favorable 10 his cause, without re-
gard 90 the trUth-and l am arguing
This case upon that basis. II you be-
heve him, all the other witnesses must
L.