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

Q.-Who told you Dr. Baird had threat
ened to shoot you. A. Oh, any number
of people
] told YOU that Dr. Baird would shoot you.
Amy number OF people had come to
/ me and told me be was vicious man, that
| he was dangerous man. that ii man
would t. X about them in that way, they
would look out for him, etc.
| Odd talk of that sort authorize you TO
! tell Mr.. Frew that DIR. Baird intended to
shoot youi At authorized me to be-
believe that he intended to carry out his.
! threats.
] O.-When did he threaten youi A
| On, that was his manner at all times-his
J language, his manner his face, and every
/ thing ABOUT him showed that he intended
| 70 carry out his intentions.
! Witness said, in reply TO further Ques-
/ tionS that persons had told him that DR.
/ Baird had threatened TO shoot him, and
! that he had exhibited revolver and said
/ that was the instrument be was going to
! kill him with, and went over Dr. Baird's
! language in the gas Office. when Dr. Baird
/ said "now the d---n aigger - knows
/ what TO expect"
/ Capt. Doveuer then went back 10 the con-
| versation with w. II. Fee, in the office of
/ the City Clerk Witness said he did not
| tell Mr.. Fee that that would be the end OF
/ the old fool or 1.-The d--n old fool"
/ Witness gave again his view of the az
I fair, saying he had told Mr.. Fee not to men,
( ton his name to DR.. Baird, about the med
| ical examination, but TO go and get his in
! formation from Mr. Hathaway.
Capt Dovener then read from the cross
examination at the first trial, and asked
witness if he did not make the examination
December s, 1890, and that his next talk
with Fee was December Dist or 18th, and
not in January. Witness could not recol-
lect the dates, but said there was long
delay after the examination. He said he
had but one talk with Mr.. Fee and could
not recollect that, oC the first trial, be
said he had two conversations. He never
had d conversation with Mr. Fee, in which
nothing was said about the application,
and there was talk about DIR. Balrd's
threat
He said IL was untrue that he had made
any such threat as Mr. Fee had testified 10.
He said it was untrue that be had made
the threat Mr. Beans testified TO, but
added, by way of explanation, that he was
very much excited about the letter, and
did not know what impression what he
said made on Mr.. Beans. edid not think
Mr. Beans would willfully lie about 1t.
He thought he had wrong impression,
He said he did not make use OF the eX-
preston attri buted TO him by Booking, and
said he did not think Mr. Booking was
then 10 a condition to be responsible for his
impressions or language.
Capt. Dovener then came along to the
morning of the murder, and starting with
the time Dr. Garrison got of the street car,
closely questioned him about the clrcum-
stances and his mortal fear'' Of DR. Baird.
OFF you was so mortally afraid of DR..
Baird, why did you walk right down to
him! A.-Weu, l was so close it was as
safe TO go down as 10 turn, and simply
pulled down my hat and pulled OFF my right
glove. it was heavy, iteece-lined glove,
With.a metal clasp. AS l passed him, he
said: you IN niger -" That
confused me, and / went on down the street
and tried to get away from him, but real
lied that he was following me. l heard his
feet shutting on the pavement and heard
him repeat the epithet, and | turned ana
under the impulse Of the moment | said
You must take that back" He said: "l'll
take nothing back. you d-n --; II you
say word 10 me III crush you to the
earth. - and he made a threatening motion,
and drew my revolver and fired twice.
rapidly Just as my finger was on the trig
ger, and ! was about to tripthe hammer, or
after the second shot just about at the So
preme moment-he said, go to HI"
That arrested my attention, and he turned
away.
Q.-What made you take your gloves off |
that morning! A.-To defend myself |
against Dr. Baird, if he made any attack
on me.
Q.-What did you intend to defend your
self with: A.-With my pistol.
O.-What demonstration had he made |
when you pulled your gloves off: A
Well, ne was standing there with that |
scowling look on his face hoped TO get !
by him, but drew my hat down and pulled !
my glove OF.
Q.-Well, you got past him, didn't you:
Ayes.
Ole was standing by his buggy get |
ting his hitch-rein out, when you turned |
the corner. wasn't he. Ayes; he was |
getting his hitch-rein out with one hand, !
and he was looking at me with that scowl- !
ing, insulting look on his face.
Proceeding. in reply to further questions,
defendant said DR. Garrison made hostile
motion with his left hand. He thought be
was going 70 draw a pistol-hiS whole life
passed in review before him in moment
be thought his life depended on his getting
out MS pistol. and he did and fired. Wit
ness was pressed to describe DR.. Baird's
hostile movement, but he said he could not
do it,
knew Dr. Baird thought ne was not armed.
O.-How did you know DR.. Baird thought
YOU were not armed A-Well, l was as
thoroughly convinced OF that as man
could De of anything not told him.
Q.-What convinced you OF that. A
Well. Dr. Bairds nephew and his legal
adviser called on me and asked me If was
armed. and after that Dr. Baird was more
aggressive than he was before
- n, Ncvarut AlfrA1 Caldwell
called on you and asked you about that!
Ayes.
Q.-And after that DR.. Baird was more
aggressivei Ayes.
Witness was next asked about the wound
in DR. Baird's body, and said be did not
take aim-"there was no time TO take aim
He said he didn't remember seeing any
thing after Dr. Baird made the movement
with his hand, until after the second shot.
1.-THE object was not TO kill DIR. Baird,
God knows, If he had let me alone, he'd be
living to-day. My only thought was to pro-
tect myself"
He said, at the moment OF shooting, the
thought flashed through his mind that the
right shoulder was the objective point. He
had no distinct recollection Of DR.. Bairds
position after he ierked out his pistol.
when Dr. Baird said: "Go to hi" he
was in the act Of turning. IL stood mo-
ment to make sure that ne was going away,
and he walked away as though he was not
hit he went up street anu | went down"
He said the statements OF Leonard Gerk
stetter were untrue. Or Baird was not IN
his buggy when witness first passed him.
Il don't believe Leonard Gerkstetter was
there" He said the testimony Of the Mar
shall girl was untrue, as was tbs material
points of Lottie Walton and French Wal
ton. 1t was untrue that he pointed his
pistol at DR. Baird while he was STOPPING
down 10 hitch his horse, but it was true