Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-02-12
THE GARRISON CASE
ARGUMENTS OF COUNSEL, ON TIE MOTION
FOR A NEW TRIAL.
Commenced in the Circuit Court Before Judge
Campbell, Yesterday AhsnOOn-PrOSecutng
Attorney Howard to Speak This Morn
ing-Mr. Sommervilles Speech.


Judge John A. Campbell came down
from New Cumberland yesterday, look
ing remarkably we'll, physically-better,
indeed, than for nearly year past. He
was heartily congratulated by a large
number of friends upon his GONZALES
cence.
TWAS determined that the arguments
upon the motion for new trial in the
case of DIR. G. 1. Garrison, convicted OF
the murder of DIR. George Baird, should
come up at once, and at two o'clock in
the afternoon the defendant,s his coun-
sell, and the legal representatives OF the
State, Prosecuting Attorney and Cap
tain B. B. Dovener, were all present In
the Courtroom Of Part 2, where a con-
siderable number of spectators early
congregated, illustrating the great pub
lie interest manifested in this case.
The argument upon the motion was
opened, at 2:40, by Mr.. Sommervllle,
who said that as it had fallen to his lot
to open the argument, he could hardly
be expected to go very much into the
case, but would rather cOnfne himself
to a somewhat general review. There
were two classes of cases raised by the
motion, one relating to the rulings,
and the other relating to the miscon-
duct Of the jury. He would begin by
calling attention to the ruling OF the
Court with reference to the right OF
jurors over certain age, who de-
clined to plead, but who afterward re-
tired. These jurors were David Bell,
r. J. Billiard and one or two others.
Counsel reviewed the facts, and held
that il the plea of age was not
made, and the juror elected to serve,
he could not thereafter elect to with
draw. Another ruling to which he de-
sired to refer related to statements
made by DR.. Baird. They were first
sought TO be introduced as part OF the
reSiesta, and later as dying declara-
ton This ruling affected the evidence
OF a number OF witnesses. In referring
to this, Mr., Sommerville contended
that the evidence was not admissible In
either way. A third matter OF the ma
ture referred to, related to the evidence
of George w. Robinson, where rulings
that certain evidence was inadmissiblc,
on objection, still allowed the testimony
to go in. DR.. Garrison was not permit
ted TO testify as to certain things, while
a witness, called in rebuttal, was per-
mitted to go into those very facts.
This brought the speaker to the mis-
conduct of Jurors S. r. Evans, Chas.
Fisher, w. ]. Schmidt, and Joseph w.
Robinson. He said he felt confident
that an examination Of the evidence on
their yotr dire would show that all said
repeatedly they had neither formed nor
expressed an opinion. They started In
appearing to be fair, unbiased and In
different Jurors, yet after the trial, facts
came to the knowledge OF the defense
showing that four OF the jurors had eX-
pressed hostile opinions as to the de-
PENDANT. As to the Juror Evans, there
were two affidavits which certainly
showed that when Evans was at
the bar OF this Court and took
a solemn oath that he had neither
formed or expressed an opin-
he swore To what was not true. The
same thing applies to Fisher. AS to
Juror Schmidt, there was a still stronger
case. He was near the market house
when the shots were fired, heard the
shots, knew the interval OF time be-
tween them, which was material foot,
spoke to at least one person, near the
scene, about 1t, and then went over the
creek to the store OF II. Z. Behrens, and
told the witness Bruner about 1t. 1t
will doubtless be claimed by the other
side that these things may have been
forgotten by the jurors upon their COR
dire examinations. There is some show
OF plausibility as TO this regarding one
or two Of these jurors, but such an ar
gument will not apply to Schmidt.
The speaker contended that II woulu
have been impossible for Schmidt to
have forgotten the facts referred to,
and to his mind the conclusion was in
eyitable that Schmidt had deliberately
sworn to what was false.
Passing to Robinson, Mr.. SommerVllie
reviewed his alleged statements to Les
ter Bates, and said it was very evident
that Robinson was hostile to the de-
PENDANT. Why he should have that
feeling, the speaker could not imagine,
but the fact remained. Robinson had
told Bates that "Dr. Garrison had killed
one of the best men in Wheeling, and
that the ought to be hanged
without Judge or jury" That remark
could not have been made in other than
an earnest manner. The language
precluded any other feeling than one OF
hostility, and certainly showed the state
of the Jurors mind at that time. Mr..
Sommerville went over this matter in
detail, referring to the collateral evil
dence Of Mrs. Baker, Frank Richmond,
of Robinson himself, and others,
and concluded that the facts
set forth in the affidavit re-
garding Robinson had not and could
not be controverted. He commented on
the lack of motive on the part OF the
witnesses who substantiated the allega'
lions of the defense as TO Juror Robin
son, and said they could have had no
possible reason for telling other than
the truth, while Robinson, with the
dread of heavy fine or possible impris.
onment hanging over his head, had
every motive to swear faisely'
The man who would rush
into Court and make false statements