The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-02-13
A LITTLE:RAGkET
Dotwoon Attornoyain tho Garrison
Case Yesterday IN Court,
ONl PARAGRAPH IN NEWSPAPER.
The Argument orttho Motion for n
now Trial Is Continued md Is not
get complctcd-..-Cabtain Dovcnor
Wakes Remarks towhioh MIR. SOM
cryIlle stakes Exceptions. IN

CTNIllG tNNGb A1ALtpsaN'Ss |....a..r " ~
--.----.--L-.--..--..-- lf
Judge Campbpll's court rc.opcned for
the hearing OF the argument Of the
motion for now trial in the Garrison
case about half past nine o'clock yester-
day morning, tho prisoner being escort
ed into tho court by Deputy Sheriff
Zane. rs
Mr.. son,cryillc madc statement rs
to the character OF theRobjcction to q
statement by witness 1asto what DR..
Garrison had said after tho shooting.
The Witness had testified to his under.
standing OF the words Of the doctor, but
the defendants own statement on tho
subject was ruled out. -'
Mr.. Howard then opened his argu.
ment on behalf OF the prosecution, OPP
posing the granting OF new trial. Ho
took up consccutiyely the different
points made by Mr.. .Sommcrvlle in
supporting the motion, and went in de.
tail Into the question OF tho character of
misbGh0vior on the part OF juror
which ought to yitiatc averdict. lie
said there vas not Il particle oil evidence
to show that tho prisoner had been
injured by any misconduct on tho part
Of any Juror. What expressions Juror
had made before takingtthe oath MS a
juror had no bearing on tho case. Ho
might have expressed an opinion and
entertained one before no was sworn rs.
Ajuror, but that .was not a reason for
suppoaing lie could not change his
mind. Mr.. Howard also went into tho
evidence MS TO remarks mado BY q Juror,
and examined tho probabilities that
his words were faithfully quoted. He
eaid the charge made against Juror
Robinson il truo mado him guilty OF q
greater crime than tho prisoner him
self, and it ought to be lweighty evil
dcnce that would convict him.
Captain Dovcncr followed Mr.. Howard
for the state. Iln took much the Same
view as his co-counsel, holding that the
iNct that n man might have expressed
IN opinion before he was Summoned rs
juror had no bearing orAthe issue if
he afterwards went into the Jury box.
took the prescribed oath and conducted
himself as q Juror should. giving the
prisoner fair and impartial trial. He
said it had not been claimed In the ar
eumcnt Of the defense that the evidence
in the case was not sutiicientto warrant
verdict OF guilty OF murder, in the sec
ond degree. lie held that tho prece-
dents in such cases showed that IN mat
tcrs Of gimilar character tho jurors
were held to be competent unless it.
was shown that the prisoner had been,
injured by misconduct on their part.
lie read from reports OF similar proceed
ings in support Of this position an d.
quoted evidence to the effect that Juror,
Robinson had conversed 0about tho
killing Of DR.. Baird without,expressins
any hostile feeling toward him. The
question at issue is, did the Wuror who
is accused OF misconduct do the accused
xn injustice in the trial, and the first
step toward establishing that was to
show that the verdict was not warranted
by the evidence.
The interesting feature OF the whole
days proceedings was littloS depression
in which the counsel and thelCourt took
Il hand. Captain Dovener once or,
twice made illusions to the disposition
on the part OF the defense to try the
case in the newspapers, as he put it.
He referred especially to recent arti-
Gle i'll the Nelrs, in which it, was snid
that the general opinion was that tho
outcome OF the trial would be decision
in favor OF the prisoner. This was in
IN article in which visit of Colonel
Arnett to Judge Campbell at New Cum
berland was spoken OF. Colonel Arnett
sald he had not read that article and he
denied any responsibility forit.-
Judge Campbell said that no man
could havegiven expression to any such
mn idea on his authority.
Captain Dovener said thatlin the in
terests OF justice, bothto tho State and
10 defendants, no proposedSto see II
there, was not way to stop these con-
tinual publications of articles INTENDED
10 prejudice cases and convict people
before they arc tried. lie spoke of the
occasional accounts Of arrests with
headlines, Bold Thief Arrested" and
things like that, which he thought wero
unjust to tho accused.
Mr.. somervillo suggested that the
only way to stop that was to buy the
newspapers, and the Captain retortcd
mat he did not own rs much interest in
apaper as Mr.. somervlle. Tho latter
gentleman Unclaimed any proprietary
Interest IN any paper, and remarked
mat The captain seemed to take good
deal OF interest in them. :}$iiSTft
Captain Dovencr remarked that ho
was not member OF the board OF re-
gents, tho significance Of which remark
Mr.. scmerville demanded. He re-
Tered to tho election by a board Of
winch Mr.. Somerville is a mombcr Of
the brother OF the editor OF the Ne,c,
to9 position, and said the Ne,vs acomcd
tobo returning the favor. Mr.. ,Somcr-
VIE anErily resented this, and tho cap
IAN said no meant no reflection on
MN, but was criticsing rather the con-
oNct OF tho paper. Judge Campbell
commanded q cessation Of hostilities,
ana they cessatcd. Captain Doyener
sald he would bring tho matter OF the
newspaper articles before tho court in
another connection, and resumed his
argument. At 4o'clock and few min
uIcs no had finished, and the court ad-
]SGrned till 9:30 u. m. to-day, when
Co!ono! Arnett will have his innings
"a" Anish tho argument on behalf OF