The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-05-24
THE TRIAL IS OVER
AID the Jury is Considering Its
Verdict.
MUCH INTEREST ON THE LAST Day
Shown by the rubllc-..An Important
Witness for tho State Not Allowed
10 TcstIfy...Lots OF Work Crowded
Into tho last MISREPRESENTATION
About tho Verdict.

The thlrd tflnl oil llr. Goorgo !, GArrl-
son for tho murder OF Dr.. George Baird
has closed. When, ut tho close OF the
second trial, in which tho jury disa-
greed, tho now trial was set a week la.
ter, there was much speculation as 10
the timc that would boz consumed be-
fore a jury could be obtained. At tho
second trial 633 citizens were examined
rs to their qualifications for jury duty
in the case, before the panel Of twenty
was secured, aud it was very generally
feared that twice that number would DO
examined before tho panel would DO
filed this time. Much to tho
surprise OF the attorneys on both
sides, the court officials and tho
public in general, tho twenty men
stood fair on the first day. 1t was
true that five OF them had already stood
fair at the preceding trial and we're
placed in the new panel, did that much
lime was saved by this proceeding, but
tho fifteen still remaining to get were
secured in such a short=time that the
wonder vas general. : u
The taking OF testimony began last
Tuesday, and under Judge Paull's con-
duct OF the case but little time was
wasted In useless questions and debates
between the attorneys. Az on tho two
former trials Prosecuting Attorney John
A. Howard and Capt. L. i. Doveuer
represented tho state, while Col. W. W.
Arnett and ex-senator j. B. Sommer-
vile conducted the defense. The trial
was monotonous and the sameness was
relieved by only two episodes, one the
exposing oil the actions OF John Arm
strong, a, states witness, who had in.
duced 4 witness for the defense, called
10 rebut Armstrong; testimony, to
leave the state, and the otlier an attack
BY the defendant while OH the stand OH
the behavior in the court r6om OF 4
newspaper reporter. He accused him
OF acting ms manner likely to prejudice
the jury against the defendant.
SOME TESTIMONY READ.
When court opened at 0 n. m. the
first witness called TO the stand was
John Holt. He was the man who. ut
the former trial, swore that he met DR..
Garrison on Eleventh street, stopped
him and then passed on. On looking
around he saw John Armstrong talking
TO the defendant. DR.. Garrison denied
this, and said he spoke to no one after
the killing until he stopped to speak to
MI. kreiter and Mr.. Dunlevy. When
Holt was called to the stand yesterday
morning the defense objected to his
testimony being given in. The defend
ants counsel claimed that the state did
not have the right to put Holt on tine.
stand after the state had rested. The
prosecution asserted that it had notified
the defense last week that John Holt
was absent from the city. An agree
ment, it claimed, had been made with
the defense that Holt should be exam.
ined rs o Us he returned. Colonel
Arnett and Mr.. Sommcrvills denied
that such IN agreement had been
made. Judge PAUL said that it was his
understanding that such an agreement
had been made, but as the attorney for
the defense repudiated it, he would not
take tho risk OF permitting Holt to
testify.
Captain Dovcncr read from a tram
script OF the. stenographic notes OF the
last trial a portion OF DR.. Garrison's
testimony. which, the Captain claimed,
differed from his evidence on the
present trial, the defendant having tcs.
tilted ut the first trial that he threw his
coat open as he approached DR.. Baird
on Eleventh street the day Of the kill
Ing. Colonel Arnett read from the
notes taken Of Mr.. Cartwright's testi-
mony at the last trial, and endeavored
to show that Cartwright's testimony
given OH this trial differed from his
evidence on the last. At the last trial
Cartwright testified that the awning in
front OF the store was ~downrwhen DR..
Garrison purchased the cartridges, and
that he did not recognize his customer
as the doctor until after lie had lett the
store. NJ