Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1892-05-01
. n,spurs on CONGRATULATIONS.


A DISPUTE on CRoss-ErA,uSArIoS.
Col. Aruett conducted the cross-examf
nation. quoted from witness testimony oe-
fore the Coroner. and was stopped oy Capt.
Doyener, who said II was TACT tnat tno
an Incorrect report, often getting Dr.
1aird,s name where DIR. Garrison's name
onght 10 be. and In quoting from II there
,vas liability TO confuse and mix up the
vritness. He objected TO further reading or
II but after a long controversy IL was
agreed 10 go on with the understand
ING that the State did not admit that the re-
mort was correct and that the stenograpner
should go on the stand. The onlec-
ton broke out again, however, ana qultc
n discussion ensued. The Court said ne
as the record was in dispute. MIR. Som
meryiIle thought that at the present stage
the defense could ask anything. The Court
said certainly not; the question must ne IN
the very language used at the former ex-
animation. MIR. Sommervillo could not
view il in that light, and said;
az we are 10 be prohibited from asking
simply because IL Is disputed, all counsel
has 20 do Is 10 object"
The Court-Not az all
Mr.. Howard explained that the sane
trouble had come out on the former trial.
Col. Arnett had one copy OF the transcript
and the speaker another, and ho had
checked of as Col. Arnett went through H.
One copy contradlcted the other. One was
wrong: no one knew which was right and
which wrong. The stenographer himself
couldn't clear IL up.
A ter some further discussion was had,
the Court finally said he was disposed TO
sustain the objection OF the State 10 Col.
Arnett's reading from paper which ne
could not say was correct, but held tnt tho
Col. could lay the paper aside, anu ASK any
question he pleased.
MIR. Sommeryille couldn't see how the
defense could lay n foundation under the
rule. He couldn't say the transcript was
correct; he couldn't say Capt Mathews
report Of the present trial was correct
The Court said the report was not that
OF an official stenographer, and was object
ed 10 as incorrect. He would maintain his
ruling. The defense excepted, and Col.
Arnett went on without the transcript 10
cross-examine tho witness.
The witness said he saw DIR. Garrison
before he had the pistol up. He was near
the buggy.
Q.-Where did he goi Ale didn't 90.
anywhere until he fired the shots. Then
he went down the street /
O.-And where was DIR. Baird, with ref
erence 10 thatl Near tho buggy, too
A.-No, he was nearer Prayers store
Q.-Do you mean he was up near the
wall, A.-No. He was up In front OF the
door
Q.-Near the curb, or the middle Pf ABE
pavement Ale was nearer the -
than the middle OF the pavement.
Q.-At the time OF the first shot
Yes
Q.-Where was he when the seco.
was firedi Ale turned and wed
Prayers door.
(Which way did he turui Al
right
o.-Are you sure Of that A.-Y
the right.
Did you sec any one else therel
No; could only see one side OF
street.
Q.-Dld you see wagon therei A.
Odd you see buggyi Ayes, I
saw buggy there.
Q.-Were you inside the windowi A.
Yss.
Q.-Lookiug out through the glassl A.
Yes.
Q.-How was DR.. Baird standingi A.
With his hands down.
Odd he have gloves oni Al couldnt
say.
ODD he have anything In his handsl
Al didn't see anything.
Odd you sec the hitcking strap In bis
handl Al didn't sec H.
Q.-How many shots did he fire.
Two.
Q.-When you were before the Coro.
didn't you say he fired two or three sho
Al said two.
Didn't you say be held up his ban
this way and fired two or three shots
Al said two shots; can remember.
Q.-Do you remember anything about
how DR.. Garrison was dressedi Did you
know DIR. Gsrrisonl Ayes; knew hin
when | saw him.
Tho cross-examinatlon was not purg
further
Mr. Howard then called attention 10
fact that Col. Arnett had made use OF
abstract OF the notes, Notwithstanding
ruling OF the Court, and therefore hi
ception was 10 have no force. The
said he did not understand the obje
was 10 apply 10 the whole paper, but
10 the matter formerly Ia controversy.
after some little discussion Of no partlcu.
point, the matter was dropped.