Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-05-06

THE ADDRESS OF NIX. SOMNCHN ALLI-'
Mr.. Sommerville began his address at
five minutes Of eleven o'clock by saying
he did not expect to shed any tears be-
fore the jury, and neither do l expect
to appeal TO either angels or devils in
this case" He did expect TO help the
Jury TO well and truly try and true de-
liverance make between the State OF
West Virginia and this defendant. He
said no matter what Mr.. Howard had
said, the Jury was the judge Of the law
as well as of the facts, and that they
were the sole keepers aud judges OF their
own cousciences.
Proceeding. Mr.. S0mmerville took up
Mr. Towards assumption that the de-
Tense had the privilege, and would act
upOn IL, OF winning their case by any
means at command, and said that had
been the practice so far on the other
side. The case had been perverted and
misrepreSented by counsel for the State.
He took up the claim that DR.. Baird
had been shot in the back, and went on
10 say that he supposed, il the ball which
struck DR.. Baird in the breast had had
sufficient force 10 have gone clear
through the body, the defense would
have been confronted with the claim
that that shot was also fired In the
back. Fortunately the State had been
placed i'm a position which made it im-
possible for them to set up that claim
regarding the first shot, as they did re-
garding the second.
He then took up the testimony OF the
eye witnesses, and particularly that Of
the Walton children, aud said they
didn't see what they said they had, and
therefore were unreliable witnesses.
They had evidently been drilled by
some one, aud had been taught to be-
lieve what they said they saw. They
could not have seen it, because 1t did
not take place. The Walton children
wanted 10 prove too much, and in doing
so, they proved nothing. As to Clerk
stetter, he did not believe he knew any
thing about the case. He had told
Jailer Dimmy that he was not there,
aud he did not believe he was there,
but he had talked with the witness
Miller, whom the State deemed too I'M
reliable TO bring into Court. He thought
that disposed of the States witnesses,
and that they cOntradicted the physical
facts and each other. The only man
who really knew what took place there
was DR.. Garrison.
He said Mr.. Howard had seen fit to go
outside of the case and drag into
~ /. ct he frlf oh
which he did not propose to discuss.
He did not care TO discuss his character
at all, and would not do so If it could be
avoided in proper statement of the
case. lie would much rather throw
the mantle of charity over Dr.. Baird,
and lot it 90 at Shat. But it was neceS-
sary 10 show that phase of DR.. Baird's
character which had direct bearing
npon the CaSe-hiS vicious disposition.
Before doing so, however, be referred
Co Dr. GarriSon'S character and reputa-
ton as q law.abiding citizen, said they
had been permitted TO bring six witness
es to show that, and could just as well
have brought six hundred.
lie referred to and dwelt upon the
threats of violence, aud the repeated
aud innumerable warnings Dr. Harrison
received from such men as DR.. Myers,
Mr.. Frew and others. The men who
thus warned Or. Garrison were among
the best. citizens Of Wheeling They
knew what words meant and they knew
what actions meant, and they told the
defendant that he ought to look out.
As one friend told him, I'D be careful
that such a man did not get the drop on
him."
This brought Mr. Sommerville down
10 the morning of the shooting, and the
speaker followed DR.. GarriSOn'S move
mentS that morning, from the time he
left his home until he found himself
face 20 face with DR.. Baird, on Eley-
euth street. lie said there could be no
doubt that when DR.. Baird got out Of
his buggy and got that hiteh-reir, he
intended to hitch the horse. Why did
he not do it2 Because he beca me so