The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-04-30
THE TRIAL B
In tho Garrison Case-SovoralEye-
Witnessed Toll
ABOUT THE KILLING OF DR.. BAIRD
III DR.. George I. Garrlson..-Thc Open.
ing Statements TO tho Jury by tho
Prosecution and tho Dcfcnsc--A
Dig List Of Witnesses for tho State,

AVA. - ... ".
Yesterday morning. shortly aiter 0
O'clock tho real work OF tho Garrison
trial began. Tho witnesses for tho state
had nearly MI assembled in tho witness
room. Dr.. Garrison's brother, ]. S.
Garrison, was by his side, and never left
him during tho day. ,gp-r
Prosecuting Attorney Howard mado
his opening statement to tho jury, OK.
planned the duties Of jurymcn and stated
what tho state expeciSd, to prove. 1t
would prove that DR.. George l. Garrison
had killed Or. George Baird promcdi-
,atcdly and Intentionally. He reminded
the jury, and said the court would in
struct them, that no words that could
be uttered would justiiyIa q, man in TAX.
ing the life OF another. ia DR.. Garrison
was not in danger Of death or OF great
bodily harm ut the time he killed DR..
Baird, and because he killed him for tho
nero utteranco OF an opprobious cpl
tibet, were tho grounds, the reason, Mr..
Howard said, on which tho state would
ask a verdict OF murder iHthe first de-
gree. The state would prove by wit
nesscs who had not testified at the for
mer trial, that DR.. Garrison had Mt Diff
icrent times threatened that he would
kill DR.. Baird.
After Captain Dovener,h had finished
tho following witnesses for the state
were called and sworn: DR.. L. D. Viii
son, Leonard Gcrkstattor, Minnie Mar
shall. French Walton, Lottie Walton,
Netr Laing, Jacob Sweitzcr, William Ad-
dlcsburgcr, o. 9. Genther, Charles
Phillips, William Baldwin, William
Clayton, Ed. Briggs, Adam Burkhart.
Fannie Baker, Mrs. Knight, Louis Dol
bruggc, ]. Armstrong, w G. Beans, W..
II. Fee, George Baird, DR.. Reed Baird,
Albert Wagner, George Robinson, S.
W. S~nodgrass and NJ. S. McGrcw.
Colonel Arnctt followed for the de-
tense. He explained the meaning Of an
indictment, and that it was nothing but
a mere accusation, and should have no
effect upon tho mind OF the jury. He
went through the different, degrees of
homicide, and claimed thatmurder in
the first and murder in the second de-
gree were practically the same, the dif-
ference being the absence Of the specific
determination to take life. Voluntary
manslaughter, the colonel said, was kill
ing in the heat Of passion, and in%volun-
tary manslaughter the u%nintentional
killing Of another. He, then stated the
grounds OIL which the defense expected
an acquittal OF their client. lie would
show there never was q quarrelin words
between DR.. Garrison and DR.. Baird.
He related the facts OF the encounter in
the city building, in the month of Sep
TENDER, 1890, in which, Colonel Arnett
said, DR.. Baird was the aggressor, and
when he threatened DR.. Garrison, say
Ing he would kill himyet. In reference
10 Mr.. Towards assertion that DR..
Baird had vanquished DR.. Garrison with
ms keen, cutting tongue, Colonel Arnett
claimed that DR.. Garrison mover quar-
relied with Dr.. Baird, but on the con-
trary, never replied to the abusive epi-
thets he hurled at him. Evidence would
be produced, showing that DR.. Baird on
different occasiens had threatened TO
take Dr.. Garrison's life. and that the
latter had been warned to be on the
lookout ior DR.. Baird.
The persecution DR.. Garrison was
subjected to continued, Coll. Arnett
sad, up TO within q very few days Of
Inc shooting. Referring to the claim
made by Mr.. Howard; that
DR.. BAIRD DID NOT FOLLOW
ntter DR.. Garrison, Col. Arnett said, the
defense would prove that DR., Baird had
followed after DR.. Garrison and hurled
opprobrlous epithets after him. They
would prove that DR.. Baird was armed,
IN accordance with his oft repeated
threats to kill DR.. Garrison.
In rebuttal Of the defense. Captain
Dovener said that the state would
prove, out OF DR.. Garrison's " mouth
that he said he had not killed DR.,
BAIRD because OF the epithets he had
used, but because he feared DR.. Baird
would Kill him. The state would prove
mat VI. Baird, instead of coming up be.
mn Dr. Garrison, was in tho act OF
STOPPING down and hitchins his horse,
when DR.. Garrison approached him,
captain Dovener claimed that, DR.. Gar.
rison had shot DR.. Baird while he wns
walking away from him, once while he
Wasin the act OF turning away, and
INC second time after his back was
turned. W."
County Physician Wilson was the
1lrst witness called. Examined by Mr.
howard he said, 81 knew DR.. Baird and
remember the occasion OF hisydeath. I
held n post norton examination of his
oou!. | found two gunshott wounds,
one entering below the top OF tho breast
polle; the ball passed through Tho breast
Dohe and severed tho Loft carotid
artery, passed through tho left
iahs, and was found embedded in tho
iet' shoulder. Tho other entered back
VI night ear aud came out Mt the loft
eye. Hemorrhage from tho severed mr..
leFy caused death. The eyabull was
lupsured and the contents had
run out" Captain .DovenGr stood
Up Dr' Wilson and illustrated tho
IeIat!ve position Of DR.. .BWfd and
" harrison at the timo of;the shoot.
ing The wound that severed the
ar'ery," tho doctor said, "was the fatal
wound The wound in tho head was
0 NECESSARILY Fatal"
cross'eSamined by Colonel -Arnost,
ne repeated that tho wound IN the head
might have been fatal under certain
conditions, but was not necessarily SO
Ill .llls case. He said thntD ps Baird
seemed to DO 4 vigorous man and
%els!led about $50 pounds aid that
nls yi.al organs seemed to be- In good
condition. On redirect examination he
saru mat Dr.. laird was fat, but also
n~,. .. - XXX