Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-05-24

| him go?n advance on and whip
/ man OF the passionate nature OF Dr.
/ Baird, armed as he was? Why, that
would be something like attempting to
strike a man who held a loaded revolver
at yonr head" In like manner he dis
missed the aueery: "Why not put him
under bonds?" saying that would but
have incensed DR.. Baird the more. de
said the inevitable conclusion must be
| that DR.. Baird deliberately determined
10 drive DR.. Garrison to frenzy, provoke
him 10 an attack, and then despatch
him. DR.. Baird was so full OF venom
and anger that he had no way OF re-
leasing it except by discharging constant
volleys of foul and revolving Ian
guage towards the defendant. That
was his nature. and by some means that
nature had been aroused against DR..
Garrison. Col. Arnett reviewed the
! evidence OF a number OF witnesses, and
dwelt notably upon the testimony Of
Mrs. Thomas, and that OF Henry OFT,
who said DIR. Baird told him, before the
trouble at the gas Office, that he never
| carried d revolver.
Col. Arnett was convinced that the
| position of the revolver in DR.. Baird's
pocket indicated ''there had been at
| tempt made to draw it, then ard there"
No man, he reasoned, would ever carry
a pistol in the position in which Coroner
Schultze found it.
Regarding John Armstrong, he said
he would rather be DR.. Garrison, In
felon's Cell-he would rather be DR..
Garrison in felon's grave-than stand
in the position Of that witness, as ne
appeared in Court.
COL Arnett cloaed at 5:25, when
Court adjourned until 200 o'clock,
when Capt. Dovener was to close for
the State.
THE CLOSING ADDRESS OF CAPT. DOVE
NEB.
Capt. Dovener began his address
promptly at seven o'clock, Court recon
vening at that hour The audience was
fairly large as the speaker began, and
was soon equal to the capacity OF the
apartment, every seat being filled, and
much of the standing room being occu-
pied Many ladies were present.
Capt. Dovener began his address by
saying he had no personal feeling what
ever in the matter at issue. lie had
simple duty TO perform, and he in
tended to perform that duty. He then
called attention to the fact that there
was no denial Of the killing. That
was admitted by the other side. The
real issue was, did DR.. Garrison kill DR..
Baird under excuSable circumstances,
or did he wantonly murder him in cold
blood, with generalization, malice and
deliberation, with q deadly weapon.
That was the clean-cut issue. There
was no middle ground in the case
There was no assault and battery; there
was no voluntary or involuntary man
slaughter about it, and he begged the
Jury to eliminate that from it. 1t was
either wilful, premeditGted and deliber-
ate murder, or it was nothing. The jury
was not permitted to 20 as high as murder
in the first degree, but the evidence full
ly warranted that verdict, and 1t rose
superlatively higher than the second
degree-the highest verdict which the
Jury could return. He also called at
tention to the fact that the crime was
admitted, and that the burden OF proof
was upon the defense to show that 1t
was less than murder in the second de-
gree. The defense had talked about
reasonable doubts. The only thing in
which reasonable doubt could proper
ly figure had been freely admitted by
the defense-the fact of the killing.
Capt. DOYener then went into the law
OF the case, and read from Brown V.
Commonwealth, 10 Southeastern Report
er 745, TO show that the defendant must
not only have declined combat but re-
treated as far as far as possible. Upon
this he commented at length, and then
read from Kane's case, which, he said,
had been read by Col. Arnett in q voX-
tremolo voice, and commented upon it
In like manner, concluding that the
prisoner was undoubtedly guilty of
murder in the first degree, and was only
saved from that peril by the humanity
OF the law, which, one jury having been
persuaded to bring in verdict of sec
ond degree, says that the defendant
shall not be twice put in jeopardy.
That wat all which saved him at the
present time.
The Evans case, 80 w. Va, was also
quoted from by the speaker, he using
the material thus afforded him with
great effect. These cases, he said,
would only lawfully excuse the defend
ant when it had been shown that ne
could no longer retreat, and necessarily
had to kill his opponent to save his own
life. THAT is the law" he said.
Now let US see what the facts are"
Capt. Dovener then took up the evil
dence, as given by the defendant him
self, and entered upon an argument
which proved as able an oratorical eff
fort as was ever heard in Wheeling
Court room. He went over the testi-
mony item by item, pictured the vari-
Gus scenes and incidents, and made de-
ductionS and drew conclusions in a
most logical and effective manner. he
cited the jury to one peculiar thing:
The defense claimed that Mr.. Fee,
Mr.. Beans, Mr.. Booking and Mr..
Cartwright had all committed per-
jury in their anxiety to send
DR.. Garrison to the pententiary; it was
passing strange that each, without pre-
viouS consultation, should have evolved
a story which fitted link by link into its
fellows, until it formed a continuous
chain. "Mr. Fee said DR.. Garrison
told him, the d-n old fool will call me
that once too oftenr Well, he did. Mr..
Beans said DR.. Garrison told him: I'm
fixed for him. I'll fix him. or III kill
him. Well, he was fixed for him, he
did fix him, and he killed him. Ed.
Booking said Dr. Garrison told him,
he won't get of so easy next
time,' and he didn't get off. Mr..
Cartwright said DR.. Garrison had
bought .39 caibre, Smith & Wesson,
centre fire, Union Metallic Cartridge
Co. cartridges, and these are the very