Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-05-04

MIR. CHARLES ". KREITER.
Witness wife and defendants wife were
cousins. Witness was at the lower end OF
toe second ward market house on the
morning Of the shooting, he being right
across the street from Stole & Bayha's.
BE heard the shots and walked out into the
middle of Eleventh street, and saw Dr.
Garrison apprOacning He had no one at
Install and as he saw the Doctor coming
he Thought he would wait for the Doctor
and ger the information. When DR.. Car
rison got 20 Dusch a Gaus' corner he cut
across the street Defendant walked TO
witness.
Odd YOU see him from the time he
lefJ busch < Gaus Ayes; ne came
O-Did YOU see him talk to John Arm
strong, or any one else: A.-NO; l saw no
one
Witness talked to defendant and H. H.
Dunlevv and others came up. but ne ala
nor recognize them.
Mn. S1mmerville then went into CONVEX
satlon between witness and Armstrong at
the Centre Market, on the night or the DAY
of the shooting, when Armstrong asked
witness what Garrison had said, this being
the foundation Of the contradiction OF
John Armstrong and John Holt Witness
reDeatei his evidence that nothing inter
vened between DR. Garrison, as ne APP
preached, and witness, and he saw no one
speak tO him.
Q-What did DR.. CARR son say to you
that morning. objection by Statel. The
Court said he thought the objection was
proper. Mr.. SOmmerville said he wanted
10 De heard. aud proceeded 70 say the de-
fence wanted 10 show there was but one
ctr thar
morning, and that was with Mr.. krelter.
The alleged conversation with Mr.. Arm
strong tended 10 criminate defendant, While
that of witness would tend 70 excuse him.
CaDt. DOvener-Whv do YOU say so!
Mr.. SOmmerville-Why do say so!
Capt DOVeuer.-Ges.
Mr.. observation-disclosures l know what
Pm talking about
Capt Dovener-You may know what
YOU are talking about but that don't say
It's proper.
expect TO prove; we certainly have right
20 DO that.
The matter was argued by Mr.. Sommer-
Vile and Col Arnett, the latter calling at
tenti0n TO the fact that even according to
Mr. Armstrong, Mr. kreiter was there,
and he did not see upon what theory the
evidence of witness as to the identity Of
conversation ABOUT which there was no
other dispute except as TO whom IL was had
with, ought 10 be excluded. The cOntrO-
versy was as 10 whom the conversation
was with. and Mr. Armstrong claiming II
was with him, could 10 be possible the de-
Tense was 20 be excluded in an attempt TO
show previous testimony was wrong. and
that there was but one conversation, and
that with Mr.. Kreter!
The Court said ne could only rule on the
question as il was before him, and as il
seemed az present the evidence was clear
lv iuadmissible He sustained the point.
Mr. SOmmCryille then said he desired 10
state 10 the stenographer what the defense
offered % prove.
Cant. D6vener-Wait a moment, Wait
a moment. i ask that this jury be sent
out,
MIR. Sommerviue-Well, we object to
that, too.
The Jury was sent out, and Mr.. Sommer-
vile said.
"Wc propose 90 prove by this witness that
when Dr.. Garrison reached him that mo rning
at The stole q Bayha crossing, that the witness
asked Or. Garrison what was the matter, Said
Chat Ur. Garrison said IN reply % that q had
"a difficulty with Dr. Baird and had % shoot
him. or WORDS Co that effect That ,hc witness
boo response 90 that said. on, my God Docs and
thar Dr. Garrison thereupon said, 4 had 20 ,Fo
it I could n help 10. met him on the street.
he called me % and cursed me,
and abused me. and followed nue. down the
street, and made motion as 10 Dee was going 20
,eta pistol, and had 90 shoot him.
THAT Is what we expect TO prove 10y this
witness. Aud we further oiJer 90 prove That, in
the same conversation, Or Garrison said to the
witness that Or Baird had SAID TO him, i will
blow YOUR damned Niger head off, and then
made motion Us though be was trying 10 get
pistol
The State objects; objection sustained;
defendant eXcep;S.
The jury being brought in, Mr.. Kreiter
said he had but one conversation with DR..
Garrison that morning. Il would like 10
state that i spoke 10 him until he left-un-
III be went away
On discrimination, witness said when
be first saw DR.. Garrison he was at busch
* GaUs', and "he cut right of aad came
right over where vas on Stoltze X Bay
has crossing. He did not know John Holt.
He saw no one reach out his hand ana
touch Or. Garrison on the breast Mr.. Holt
was brought in. Witness said he knew
him by sight bUtnOt by name. He did not
see him there that morning He saw no
one speak 70 DR.. Garrison
Odd YOU look az him all the time! A.
AS much aS-yes, sir; had nothing else
TO look 40.
Witness said he saw several people up
the street, but he did not see Mr.. Burkhart,
or people stepping from busch x Gaus
door. Neither d!Q he remember seeing the
Reymaun Brewery wagon My attention
was not directed 20 wagons ana things
Q-Why was Your attention attracted TO