The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-02-12
DR.. GARRISON'S CASE.
Judge Campbell Arrives and the
Arguments Taken UP Again.
Mr.. SOMERyILLES SPEECH
Tho Question ofthc Prejudice Of Four
of tho Jurors Taken up.-.somc OF
the Rulings of tho Court also OBJ.
Jcctod to....ihidaylts Filed, and tho
Case Still on.

As had been announced, Judge John
A. Campbell arrived in the city yestor-
day md held a special session OF tho cir.
cult court. While there Ind been no
official announcement OF tho special
business to be taken up, it was gcner-
ally presumed that tho first thing Judge
Campbell would take into consideration
would be the motion OF DR.. George I.
Garrison, convicted OF tho murder OF
Dr. George Baird, Tor q now trial, and
this proved to BIO correct.
Judge Campbell has entirely recoy-
cred from his severe illness, but is suf-
fcring some pain from a sprainel ankle
recently received by q fall at his home
at New Cumberland. io looks much
better than when he last came to tho
city to hold court, but had to abandon
the Intention and so homo alter presid-
ing for one day. - u
Judge Campbell was ready to open
court about o'clock, but owing to tho
absence oil Prosecuting Attorney How
nrd the Garrison case was not called up
TIL about hall past two. The doctor
had been'brought down from the jail in
tho meantime by Sheriff Stccnrod, and
was warmly greeted blythe few, friends
who saw him. There were not many
people in tho court room when tho case
was taken up, but graduallyithc crowd
increased till the room was we'll filled.
DR.. Garrison's father arrived after tho
proceedings opened and sat by his son
till adjournment. DR.. Garrison looks
much better than whom tho public SAW
him last. r.,
Tho atGdavits Of the prisoner and OF
his counsel, Mr.. Sommerville and Col.
Arnett, as to the incompetence OF the
jurors who had been impoached. and us
TO the statement that they knew when
the jurors were sworn NIL they now
know about their disQualiications, were
filed. In regard to tho latter allegation
both OF tho counsel mako unqualified
denlals. The testimony already taken
by notary wss also ordered to be filed
as OF this day, and the court announced
that the speeches OF counsel on the
questions Mt issue would not be limited
as to time, but he would adjourn daily
ut four clock.
Mr.. Somcrville opened the argument
in favor OF the motion for new trial.
lie made a strong and able speech.
He first reviewed the decisions OF the
court to which exceptions have been
taken, OF which there are three or four.
One OF these is the order allowing q
| juror to be' excused on account OF his
age after he had declined to take ad.
vantage OF his right to BIO excused on
that account. Another is to the admis-
sion OF testimony rs to the utterances OF
| DR.. Baird alter he had been shot, and a
third to the admission OF testimony BY
one witness on q subject in reference to
which anothers evidence had been OK
Guided. On all these points Mr.. Somer.
vile spoke clearly and forcibly.
The alleged misconduct OF Jurors
Robinson, Schmidt, Evans and Fisher
was taken up, and the utteranccs Of
each us sworn to by witnesses wore con-
sidered, Mr.. somcrvi!lc holding that the
evidence showed plainly prejudice on
the part of one or two OF these and mis-.
conduct sufficient to vitiate tho verdict
on tho part OF all. - 49, III
Alta few minutes before four O'Clock
Mr.. Somcrvile concluded his argument
and the court adjourned till $3.50 .. IN,
to-day.