The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-05-06

tells lis that the defendant bought car
tridges ut his store few days before
tho shooting. DR.. Garrison seemed TO
know that there was better class OF
cartridges manufactured than those no
already had. 2
No matter how strong tho language
may have been; no matter how DR..
baird may havoimpugned the character
Of Dr.. Garrisons mother, DR.. Garrison
had
NO RIGHT TO KILL DR.. BAIRD.
l don't believe that ono OF you doubt
but that Dr. Garrison shot DR.. Baird
because he had insultcd him. aRcmem-
bcr what l told you at the outset, that
no language, however abusive or insult
ing, Is n justification for tho taking OF
life.
III grant you that DR.. Garrison had
the right to kill DR.. Baird then you
must grant me that DR.. Baird's sons
have tho right TO kill DR.. Garrison.
DR.. Garrison having killed his father
and Dr.. Garrison's brother would have
tho right to kill DR.. Baird's son. and
DR.. Baird's remaining son would have
the right to kill DR.. Garrison's brother.
You SEQ where that would end. My
time Is nearly up and will close. I
ask you for verdict Of guilty, not 10
avcnGo the death Of DR.. Baird, for such
verdict would not bring him back 10
life. Mr.. Howard then delivered
warm tribute TO the character and kind
heart and his bcnevolencc toward the
poor. Ho closed with n brilliant pero-
ration and concluded, having spoken
an hour and forty-onc minutes.
SENATOR soMMERvITLE's SPEECH.
Mr. Sommerville said he agreed with
Mr.. Howard in his appreciation OF tho
intelligence OF the jury. lie would shed
no tears, but would ask the jury q true
deliverancc make between the state and
the prisoner at the bar. Mr.. Howard
presumed to instructth the jury rs to their
duties. even after his handsome COM
plimcnt to the jury. The jury. under
the law OF the state, WAS fthe Judge OF
tho law and tho evidence.
You have been told there wero thir-
teen eye witnesses to the shooting,
and you were told something else to
which l wish to address myself You
were told that the states attorneys rep
resented the defendant in part, and
that the attorneys for the defense were
in duty bound to clear their client
Mr.. Sommcrville said he had heard OF
such prosecuting attorneys, but he had
never met them, least OF al in this case
lie then continued, Mr.. Towards argu-
ment seeks to pervert the case. We're
there thirteen eye witnesses 10 this
shooting, and was DR.. Baird shot in the
back. 1t has been testified here that
the first shot, the one in the chest, was
fatal. That is the shot to which l will
address myself. There were but two
ego witnesses, to the first shot, Miss
Lolita and French Walton::--I am adj
rised latter consulting a moment with
Col. Arnett,) that the colorcd boy
claimed to have seen: the first shot. but
if he did, then the Walton children
could not have seen it.
Did tho Walton children see it?
Miss Lotto Walton said she saw DR..
Baird driving up to the hitching post
and that she called Neil-I.aing and her
brothers attention to DR.. Baird driving
up. Yet one says his attention was at
tracted by the first shot, and another
that his was attracted by yell. Miss
Lottie did not attract their attention.
The colored boy says he saw the two
men at place where the Walton chill
dren saw them. Miss Lottic Walton
saysDr. Garrison wore 4 light ,oyorcoat
and yet lit 9 has been proved
that he wore a dark overcoat and a
dark diccr hat. Miss Lottic Walton
says she saw DR.. Baird hitch his.horse,
and yet Marion, Gs0lc Grew: htched that
horse, fter1he shooting was all over.
Miss Lotto Walton saw too much.
Who is the other eyewitness? Cock
staetter. lilo saw the parties where no.
body else saw:them. lie had a CONVEX.
satior with the;man Miller; who was SO
unreliable that the state refused to put
him on as a witness. Flo told Jailer
Dimmey that he had seen nothing OF it.
The fact is he heard Miller tell his
story, and repeatelit!. on the stand.
Now, they ask why We brought
Fisher. Fisher had never been there
before and had never been there since.
lie was not looking for tho north:or the
south or tho names OF the streets. Yet
he say6 DR.. Baird, and DR.. Garrison
wcre travelling in the same direction,
and that DR.. Garrison turned around to
DR.. Baird. II no had come here for
tho purpose OF perjuring himself
AND CLEARING DIR. GARRISON
he would have said that Dr; Baird had
done something hostile, and yet he
docs not say so.
Why did the state putin Marion Nc
Grew? Marion G. McGrew&knew that
DR.. Baird left his horse unhitched and |
say he followed DR.. Garrison to attack
him. |. D. Prayer was in the best posi-
ton to know what tho facts were. He
was at tho door, looking toward Hey
mans corner and when he heard the
shots he turned around and looked
down Eleventh street, and neither DR..
Baird and DR.. Garrison were in sight.
Mr.. Sommerville read from decision
OF the supreme court Of this state, which
says the prisoner is tho Judge OF the
imminence OF tho danger, when he
kills his opponent; but he does so at his
perel, as tho jury must pass upon his
case, viewing it from the prisoners
standpoint.
MIR. Sommerville won't over the testi-,
mony OF the witnesses for tho character
OF the defendant. and showed that all
had sworn that the defendant was law
abiding citizen. AS long as DR.. Garri-
con did what DR.. Baird wanted him to
do, they were friends; when he refused
to become the prosecuting witness in a
case about which he knew nothing,
then DR.. Baird became his enemy.
After that DR.. Garrison continued
speaking to DIR. Baird. even Whom tho