Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-05-18
SEVEN WITNESSES
FOR TIE STATE ExAMINEDN THE MURDER
TRIAL. YESTERDAY.
The Morning Session Taken Up With Viewing the
Scene and in the Opening Satemsnts-BOth
Sides Are Making Hot Fight

SPSA--o SN~-N--~--~
Sides Are Making Hot Fight
There are surface indications that the
present third trial OF the Garrison MUIR
der case will be harder fought contest
than either OF the others.
Both sides evidenced this In their
elaborate opening statements to the
jury, yesterday morning, more time be-
ing consumed than at the second trial
by Mr.. Howard and Capt. Dovener, for
the Stat, and Col. Arnett for the de-
Tense. Then some eight or ten addi-
tional witnesses have been summoned.
At the second trial total OF seventy
eight witnesses were summoned and ex-
amined. Up to yesterday the Sheriff
had summoned eighty-three witnesses,
and stated several additional subpenas
had been placed in his hands. In addi-
ton to these things, there was mani
tested yesterday disposition to exam
inc witnesses with more care than at
either of the former trials. DR.. Wilson,
who conducted the post norton, and
Albert Mayors, the undertaken, afforded
example OF this, they both being ques-
toned, the former about the wounds
and the latter about the clothing Of the
deceased, and especially about the over
coat and the bullet holes therein, in q
much more methodical and careful man
ner than before.
There is an opinion among those most
conversant with the case that 1t will go
TO the jury about Tuesday OF next week.
That will be a decided saving Of time
over the second trial, which took just
twelve days.
Two of the jurors were slightly i'll
during Monday night.
Proceedings were opened yesterday
morning by taking hejury, at ten min
utes past nine, to view the scene of the
shooting, on Eleventh street. This trip
took up half or three-quarters OF an hour
and at a quarter OF ten Mr.. Howard be-
gan his opening statement to the jury.
He spoke an hour, and was followed by
Col. Arnett, who also took an hour in
presenting the case from the standpoint
of the defense. The Colonel concluded
at noon, and then Capt. Dovener spoke
until about 1910, closing for the State.
All the gentlemen went into the thor
oughly-famiiar details of the case with
great elaboration, and were very clear
in their forecast OF what was to be offer
ed in evidence upon either side.
At the afternoon session DR.. Wilson
was the first witness called, and was
taken over the location Of the wounds,
the courses Of the bullets, the probable
result of such Injuries, etc. Mr.. Mayors
followed, and was asked to put on the
overcoat in the presence Of the jury. He
buttoned it up, exhibited the bullet hole
in this coat, as well as in the undercoat,
and described the distance from the top
button TO the bottom one, and from the
bottom button TO the bottom OF the coat.
City Engineer Hoge followed with his
explanation Of the plat of Eleventh
street, the photographs OF the street
were given to the jury, and then Miss
Lottie Walton, the first eyewitness,
was called. There was little SQUAD
bic right here, between Mr.. Howard
and Mr.. Sommerville, arising from Mr..
Howard asking witness her fathers &C.
cupation. The defense objected. Mr..
Howard wanted the objection noted in
red ink. MIR. Sommerville thought the
question was the thing to go in red ink,
and so on until the Court suggested
matters had better go on. Miss Walton
detailed her testimony, describing the APP
pearance of DR.. Baird, the shooting and
Dr. Baird's entrance into Prayers, with
cearness and minuteness. In describ
ing the shooting Miss Walton took
photograph, taken from the window at
which she sat, and with pencil pointed
out to the jury the exact location Of
the two men. She said she saw Dr.
Baird all the time from the time she
saw him coming up the street In his
buggy until he went into Prayers, and
Dr. Garrison all the time from the
moment he had his pistol up, before
the first shot until he turned and
walked away. Her cross-examination
was conducted by Col. Arnett, and in
the course of it he asked the witness if
it was not true that French Walton was
in some other part OF the house, and
not at the window, when the shooting
took place. Mr. Howard thought this
was either an effort to ehtrap the wit
ness, or else Col. Arnett was acting in
bad faith with the Court The Court
did not see how it could control the
matter, or divine what was in the
minds of counsel. The Colonel denied
that he was either endeavoring to en-
trap the witness, or that he was acting
in bad faith, and resented the attack
upon him by counsel for the State. He
said his only motive was TO get light on
matters coming TO his attention. The ex-
animation proceeded, and witness
thought her brother was there.
The discrimination was very
long, Col. Arnett going into the
facts with great detail, and upon
several occasions, compelling the
witness to say she did not remember,
would then ask her why she could re-
member other things and not that par
ticular circumstance. To all such
queries the witness would simply say
she could not tell why she remembered
one thing and not the other.
The witness was not released until
AIS, and French Walton was then
called. His examination and cross-ex-
animation took up the time until five
o'clock, and then the State called Netf
Laing, the third Of the eye-witnesses
who saw the shooting from Walton's