The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-02-16
THE GARRISON TRIAL
Colonel Arnett's Argument for the
Prisoner not yot Finished.
JUDGE CAMPBELL EXPLAINS THAT
10 Never Told anybody Anything
about his Views about tho Casc, and
did not talk with Counsel for the
Defense on tho Subject OF his Do
clslon.

UOOllt Hhu thS ~ SuaiSHp Va tlio iiotiSh
for now trial in tho Garrison murder
case was at once resumed US soon Us tho
prisoner could be brought into court.
Captain Dovoncr was absent, having
been called to Pittsburgh on business.
Prosecuting Attorney Howard mado
some further remafks on tho subject Of
tho objections to tho Juror Robinson,
having reserved tho privilege Of rocur-
ring to this mattor when he concluded
his main argument. Ho then went into
tho matter OF the kind Of misconduct
on the part OF juror which would
vitiate verdict, and tho other matters
that ought to BIO weighed in u motion Of
this kind in connection with such mis-
conduct, He spoke but briefly, and
when he finished Colonel Arnett began
the closing speech for tho defense, in
support OF tho motion for anew trial.
Col. Arnott said that the state had
held that tho question TO be decided
here was whether the prisoner had been
done injustice by the Juror whose con-
duct was impeached, and that this ques-
ton would DO decided by the evidence
on tho trial. What they meant by this
declaration they had not yet satisfac-
torily explained. Tho law, Col. Arnett
paid, was that motion for, new trial
must be decided on tho evidence taken
in support OF that motion and not on
the evidence on tho trial itself. The
rs huJ nry,tt tt,r aI
plcto somcrsault on this question, for
they had all along argued that tho mo-
ton rested on whether there had been
injustice actually done tho accused on
tho trial, and that the way to decide
that was for the court to see if tho owl
dcnce at the trial justified tho verdict.
Now Mr.. Howard argues, as We have all
along argued, that this motion must be
decided on the evidence taken upon it.
Mr.. Howard rose and said ii the
colonel was poking fun at chin and
merely actuated by desire to have
little amusement, he did not object, but
il he desired to have the court believe
that he had not maintained all along
tho Same position he had explained
this morning he did take exceptions to
his words. He then proceeded again to
state the position Of the prosecution on
this point.
Colonel Arnett turned his attention
Captain Dovener, expressing his regret
that he was absent, as he desired to
give him considerable attention. Ho
said that he had never expressed any
opinion as to tho probable outcome OF
the case. He would say if Captain
Dovcncr were here that he was never
given to playing for the grand stand,
and he did not think the captain could
truthfully say the Same thing. The
only object the captain could have had
in bringing this matter into the argu-
mcnt was n desire to place tho repre-
sentatives OF the prisoner in q false
light before the court.
Judge Campbell hero took occasion to
remark that he had never said any
that could warrant anybody in predict
ing his decision in this matter. The
counsel for the defense had visited him
ut New Cumberland, when he was sick
ut his home, and no was glad to SEQ
them, but the only object OF these visits
was to find out as to his physical condi-
ton and form an opinion as to what
time the hearing in this proceeding
could probably be taken up again. Tho
evidence or tho law bearing on this mo-
lion WAS never referred to in their con-
versatlonS. He expressed hope that
this would set himself and tho counsel
Tor the defense right in tho matter, and
that it would not be necessary to refer
to the subject again in the proceedings.
After recess OF an hour Colonel Ar
nett again took up the argument. Ho
referred to the eXcusing OF Messrs. Bell
and Bullard on the score OF age, after
they had declined to claim that priyi-
lego, and was about to quote authorities
on the point, when Mr.. Howard claimed
tho privilege OF answering the: argu-
ment, and Colonel Arnett said that
rather than have tho argument pro-
tracted in that manner he would pass
over the point. The court said that Mr..
Howard could submit any authority not
IN the form OF an argument, and Colonel
Arnctt went on with his argument.
The Colonel also went into some OF
the objections rs to law points in regard
to DECISIONS by the court while, the trial
was pending. He referred also to tho
alIusion made by Captain Doyener TO
INC great cost OF another trial. and said
That no was surprised to hear that mon
toned here. 1t had nothing to do with
the case. II the defendant had not re-
celYed justice on the former trial the
court would OF course grant him another
trial regardless OF the expense.
II n nh |, N 4 / l..
II the defense did not know OF tho talk
OF the Jurors whose conduct is now OBJ
lected to while the trial was in progress
Twas because OF lack OF vigilance and
diligence on their part, and this he de-
MED. MIR. Someryille, being a moro
active man than himself, had spent
nearly every night looking for evidence
ana information that would bear on
ms question. He had travelled in bug
ges, on horseback, in tho cars aud by
utmost every other conceivable way.
lie himself, being rather heavier, had
oesn allowed to contine his trips to the
railroads, with the exception OF one
ipuoGEy ride to which Mr.. Howard called
MS attention.
AS to the point that tho deiensck knew
INC expressions OF jurors and allowed
mem to be selected rs members OF tho
!urS which was to try Garrison, for tho
uGloerate purpose OF afterwards taking
advantage Of their misconduct to move
Tor ioF new trial ii the verdict was guilty,
ne pointed out that this motion would
oe allowable under the circumstances
II tne Jurors We're not on the panel OF
WE'VE, but merely on tho panel Of
twenty from which the twelve werc So
,eeled. An unfair juror in the twenty
MouId vitlate tho verdict just as quick
Us Il no were on tho trial jury To sub.