Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-02-13
A LIVELY TILT
,,-rvgy COUNSEL IN The GARRISON MUIR
DER CASE.
S-s;rg Criticism Of Local Newspaper BY
,,r.,;n DoverT Leads to a Reputation By
Al srast and a Denial BY Mr.. SOmmer-
yus-Sgcechss Of MsSsrS. Howard
and Doveasr.

.NF =
trial in the Garrison case yester-
a. morning, but as the hearing pro-
-.--ssssd the auditorium was slowly
srs4 with interested spectators. 1t
some minutes after the usual hour
-. oDsning Court before Prosecuting
,.,,-rsy Howard made his appearance.
NJ, S5mmeryille stated that he had
Looked one point in his argument
~,rr.lay. He said that the witness,
Nm Armstrong, had testified that he
y-5fad a conversation with Or. Garri-
~ sf.ar the shooting in which the lat
80 had stated that he had shot DR..
p'f-f and that he had to DO 50.
..N4v- the Court would not permit DR..
,,,rr.sra 10 testify in regard 10 this matter.
G'sa-.''i3r- is DR.. Garrison never made any
-.--5 statement 70 Armstrong, and further,
S-5sf NOT kuow him. He did have a con-
-,rssfsov with kreiter and Duulevy, but
lever smoke % Armstrong.
Tra Prosecuting Attorney replied
that be could not discuss the point IN
.-,-ls.. but be would revert TO it from
b.. collection as he proceeded with his
.,,rmqpt. Mr.. Howard said that the
NOR Bell and two others did not plead
heir exemption:
.Becalse some suggestions were made
.-. rrrrsel for the State. 1t would not be
error for YOUR Honor 10 allow him TO go, 1
S,-,r believe Mr.. SOmmerville made this
1,.rr because he thought it would have any
weight.
,--4r Dr. Baird said after the shooting, up
IN me testimony Of Mrs. Baker and boy,
whose name / have forgotten. They say
mr. Baird was shot near Mr.. Prayers
sore and as he opened the door he said,
.G- Garrison shot me- This could not
---.rffce the defendant. The rule is
sftrs plaintiff has had time 10 make up a
s.6rv after the shooting, then it may be
r-ssrmed that the defendant IS preIudiced
thereby.
.Tbe third objection is that George W.
Robinson was allowed to testify as to mat
t5rs which DR.. Garrison was not permit
ted 70 say anything about. and that brings
Ms 20 the misconduct Of the jurors. What
will cause Court TO set aside verdict
m the ground of the misconduct
Of tie Jurors! l believe the rule
+, such that admitting everything
charged against the four Jurors, the Court
rsrnO, set aside the verdict. The rule
&, that IL the misconduct OF the juror has
taken place before he is sworn, and 10 does
mo-. iuiure the defendant, the Court will
NOT sci aside the verdict. Our case here is
pain Never has jury conducted itself
s. well during a trial. Before a juror IS
sworn the defendant has time 70 investi-
gate him and see if ne is a juror he wants
The Juror Robinson was selected and sworn
OH rnrsV -
"Letme first talk Of the juror Evans.
l,r Evans in his affidavit told Mr.. Russell
that he had an opinion before he became a
Juror and that he told the Court So
Mr.. Howard then dwelt on the fact
that man may say that he has a de-
cied opinion, but may change IL upon
hearing further evidence, and still be
competent juror. He then continued;
The testimony Of Mrs. Francis Martin
should not bear much weight. IL IS very
improbable that a man having his mind
made up TO 90 on jury to convict man,
VOL. 20 around and tell 10 70 every prat-
t..rywJmau. Evans tesu1ed that he said
nothing of the kind 10 Mrs. Martin.
Vow as 10 Schmidt. There are two
saidavits against him. One Is by Peter
Broom and one by Matthew Simms.
S.mus said he had a conversation with
Schmidt in which he said he was preludlced
against Garrison. Schmidt talked with
Broom. who saws that Schmidt said CARR
son ought 20 be hanged. Schmidt was near
the scene Of the shooting and heard
the shot fred. He saw DR..
Garrison with a pistol IN ms
hand. 10 is evident that the remark SchmldJ
Is alleged TO have made 10 Broom was
thOughtless remark, made in the heat OF eX-
81 rot n
made such a remark and forgotten 1t prove
that be has a decided opinion against the
csfendanti Whyi They did not ind the
defendant guilty Of the severest penalty.
AS 20 the Juror Robinson, Mr.. Bates and
3 z. Gallman made aftidavits. Bates says
that Robinson came 10 Bates house 20 get
some eggs. Bates said that Robinson said
that Garrison had killed the best man IN
town, and ought TO Oe hanged without
Judge or Jury. Bates told a man after the
trial began that all he knew ABOUT what
Robinson had said was what another man
had told him; and yet he comes here
and makes an affidavit against
Robinson. The defendants attor-
revs ala NOT discover this information
until after the verdict was rendered, ana
yet they Immediately got up then and Inaue
this objection and stated why. YET Bates
was talking 70 everyone about the Court
House Robinson said on the examination
that he had not expressed an opinion. COL
Aruett asked the Jury questions 10 aScer-
tain whether he had conversation IN
which be had expressed an opinion as 10
Garrjsou's guilt. Col. Arnett IN MS eX-
animation, admits that he knew that KIDD
!ls0u had expressed an opinion. AND yet
he elected 70 let him pass as a juror.
"NOw, Your Honor will have 10 decide
between the statements Of Robinson on Ihe
one side and Lester Bates and his wire on
the other. Bates and hoOinlsoh
were school trustees, and there
was trou5le in the school. And
Bates then makes his declaration against
Robinson because he and Robinson were on
opposite sides in this school board trouole'
Bates is inlame1 against Robinson. pc
sides Bates is twenty years friend OF Or.
Garrison. Your Honor viii have TO declue
As 20 whether Robinson said what Bates
sfirus. and also as TO whether he still held
that opinion when ne went on the jury.
Now Robinson cannot have had hostile teei-
ings against a man that ne oldn
know for killing man tudt
he didn't know. Now, YOU are
70 believe one Of two things; either mat
Robinson said this and forgot ABOUT IL, anu
II that case there is nothing IN u, OF tnSt
he said il, meant il and came In mere Win
the express purpose Of Furnishing Garrison.
So far as your Honor knows Juror Room
SOP conducted himself properly while on
The Jury. So far as your Honor knows
Robinson may have been the last mantoa
The jury 70 find the defendant guilty. Now
as 70 the conversation with Dolph Ioloert,
The latter asked him If he was going out
home. Robinson replied that he dldn !
know whether he could get on or not, ana
Then asked TOlbert 10 take note nome lor
HIM. This does not show that Robinson con-
s1ered himself ineligible Robinson saiu
that the murder occurred up there at Prag-
er's store. pointing up the street. Now,
this conversation does dot show that the
nan was preiudiced against tht defendant