The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-04-26
ONLY SIX PANELMEN SECURED
Ancr Ninety Have Been Examined by
tho Court...Dr. Garrison bears Up
We'll Under Conilncmcnt...Somc of
the Reasons Given by Citizens De.
string to Escape jury Duty.

George !. Garrison shot anu Killed Or.
George Baird, on Eleventh street, ut 10
o'clock in tho morning, There had been
bad blood between tho two men for
some time past, they having in tho pre-:
ccding year como to blows in tho corri-
dor OF the public building. DR.. Garrison
gave himself up and was lodged in Jail.
An Indictment was found against him
for murder in the first degree, md in tho
course OF time the case came up for trial
before Judge John A.. Campbell. Much
difficulty was experience In securing a
Jury, which after q long trial brought in
Il verdict OF murder IN tho second de-
gree.
Application was made for q new trial.
testimony was taken affecting the in
tegrity OF one OF the jury, and Judge
Campbell in n lengthy opinion granted
the defendant n new trial. The last
grand jury found nm Indictment OF muir
der in the first degree, and yesterday
being the day set the case came up be-
fore Judge PAUL. in PartelI OF the cir
cult court. !i.4lE
CASE BEGINS.
The public interest in the case has not
nbatcd in the least, to judge IRON tho
aspect OF the court room yesterday
morning. The time Of opening was set
Tor hall past nino o'clock, but even be-
lore nine the court room was rs crowded
as it was on Friday during tho Maier
trial. Every seat was taken and all the
lislcs we're crowded.
At twenty minutes after nine o'clock
DR.. George |. Garrison was brought
down from the Jail BY Sheriff Steenrod,
and entered tho court room. The long
confinement in the county Jail does
not seem to have borne very hard on
the doctor, so far at least rs his physical
appearance is concerned. With the ex-
ccption OF I slight palenesS he looks
very well. lie still has tho well kept
mustache and imperial, and seems to
have. lost very little in weight.
Prosecuting Attorney John A. How
ard and his colleague, Capt. B. &. Dove
ner, for the state and Col. Arnctt and.
Mr.. Somerville for the defense were
present. Court was called to order
promptly at hall past nine,s,and after
Clerk Mitchell had, read tho record OF
Saturdays proceedings, thcnnames OF
the witnesses Tor the prosecution were
read as follows, all but two answering
to their names: George Baird, Reed
Baird, DR.. Hustled, W. c.. Beans, Lee
and French Walton, Nef Laing. Mrs.
Fanny Baker, Charles Phillips, William
Kites, o. c. Genther, William Adde'S
burger, Jacob Sweitzer, D. u. Phillips,
Will Irwin, W. II. Fee, Frank Hoge,
John Holt, j. S. Armstrong and Leon
ard Bc%rgstraetter. ;a5
When the defense was asted for the
names OF its witnesses, Col. Arnett
arose and asked Tor an adjournment un-
I'll two o'clock, saying that all his wit
ncsses had been summoned, but all
HAD o ARRIVED,
owing to their being scattered over such
awldeexpanseof country. Judge PAUL.
told the colonel that he and his COL
league, Col. ]. b. Sommerville, had had
ample notice OF the impending trial, and
that thorc was no excuse for the alb
sencc OF the witnesses. After some talk
the court told Colonel Arnett that no
would adjourn court until II o'clock,
and at that time he would expect the
colonel to say whether he was ready to
60 ahead with the trial or not. Court
took a recess and tho entire audience
lett the court room.
By Il o'clock the court room was
again tolerably well filed. The at
torneys Tor the prosecution were q
little late, however, and did not
get j IN until about ten minutes after
eleven. The defense offered q plea that
their client could not be tried a second
time for murder in the first degree.
The plea was allowed to be filed. The
Colonel said the defense was, ready to
proceed ut any time, but wanted to be
sure that witnesses whom It relied
upon were not sick and unable to be
present. He said this'so that,it during
the trial any witnesses could not be
present for tho reasons given, the de-
tense would not be blamed. Sheriff
steenrod called enough members OF the
Jury panel to fill up the bJX, and the
examination commenced.
Mr.. j. NJ. Brown had formed and ex-
pressed an opinion, had read the evil
Gence and was unable to render Il yer.
d'ct In accordance with any evidence
tnAt might be presented. MI. NJ. J.
oAeill said he could render only one
verdict, no matter what the evidence;
he could not 20 into the iury-box with
his mind 4 blank. Mr.. D. C.t~Kurner
IA! formed and expressed an opinion,
which could not BIO changed. MI. Will
lam Brooks was in the samo condition
OIL MIND, and he was not sure but that
even additional evidence might DO un-
able to alter his opinion. Mr.. S. b.
Jefferson had read tho evidence and
could not render q lair and impartial
verdict according to the evidence. Mr..
Joseph $. Gibbs could not discard tho
opinion no had formed, under any cir,
cnms:ances.
Louis Newman said the evidence that
Would change his opinion would have to
be mighty strong. Captain Doycncr
took the Juror in hand and asked him
u ne would not make up his opinion
rom the evidence presented upon the
witness stand. Mr.. Newman said he
would try. Mr.. Sommerville objected
70 Captain Dovener leading the Juror,
ont the court sustained the captain
ana the deIense excepted to the ruling.
Mr.. Newman, however, was not quito
sure he could find a verdict acco riding
to the evidence and he also was cx.
ensed. MIR. William Long was also OK
AT; Henry kalbitzcr and Thomas
smith were excused. George Zocckler
said he had been summoned as n wit
ness on the last trial. and he was OK
eused, the defense saying it might want
10 use HIM as q witness on the present
trluI Mr. OLA SaLAA