The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-05-10
BAIL AGAIN REFUSED
To DR.. Garrlson=-Judgo camphells
Decision the Precedent.
THE TRIAL SET FOR NEXT MONDAY.
Counsel for tho Dcfcnsc Present Ar.
gumcnts TO Sustain Their Applicn.
ton for Admission to Dail"Judgc
PAUL Refuses tho Application and
tho State Presses for Speedy Trial.

DR.. George I. ciarrlson's application
to BIO released on bail was heard yes
terday afternoon by judge PAUL, i'm.
medialcly after tho jury in tho Leslie
murder trial had retired. Tho court
refused tho application, and with the
consent OF. counsel for both sides, SGT
Monday, May 10, rs the day on which n
new trial will begin.
Counsel for tho defense read an aft.
davit, sworn TO by DR.. 9. I. Ulrich,
stating that DR.. Garrison's little boy
was very III, and that tho child 70.
quired tho services OF physician and q
nurse, and that DR.. Garrison could
assist In both capacities Mr.. Howard
objected to the filing OF tho affidavit, as
1t had nothing 10 do with tho case. The
court reserved Its decision on tho filing
OF tho affidavit until after tho argu.
ments OF counsel on the application for
bail had becn heard.
Colonel ArnCtt presented tho views
OF the defense on tho application. lie
claimed that tho oliense with which
DR.. Garrison stood charged was strictly
bailable. lie could guarantee that Dr..
Garrison would DO on hand for trial ii
no were permitted to give bail. There
had not been u case, he said, in tho past
twenty-five years where man had
been refused bail when he mndo IN up.
p!ication, from tho case OF Schmulbach
TO that OF Church. Even justice OF
the peace, in cases not involving CAPT.
tai punishment, could allow the nc
cused 10 DO released on bail, provided
tho bond required was not less than
$500. - ~
MIR. Howard stated that, while the
state always opposed the granting OF
bail in such cases ma the one ut issue,
yet it was always willing TO give tho de-
PENDANT trial. He therefore suggested
that the trial be set for Monday, May lG.
He and Captain Dovener had i case set
for trial OH that day, but wcrc willing
to put it of.
MIR. Sommerville contended that this
had nothing to do with the case. Ii
DR.. Garrison was entitled to bail, lie
ought to be free right now, to aid his
counsel in the preparation OF his case.
Even II the trial referred 10 were going
on,at that instant, DR.. Garrison was en-
titled to his freedom. When Judge
Campbell entered his decision, refusing
DR.. Garrison bail. he was to DO tried
for murder in the first degree ;since then
1t had been settled that he could not
be tried for that oiTense. Since Judge
Campbell's decision the accused had
been tried to jury, and the trial had
resulted in the jury refusing 10 pro.
nounce him guilty OF any oflensc.
Neither OF these two leading features
were present, when Judge Campbell dc.
cidcd the application uniavorably. In
cases where there was no possibility OF
the death penalty being inflicted, the
accused was entitled to bail, in the dis.
erection OF the court.
I Mr.. Sommervillo claimed that the
whole matter narrowed itself down to
the question, whether the defendant
would flee from justice. There was no
danger Of this, taken in connection
with DR.. Garrison's having given him.
self up, his knowledge that jury had
refused to find him guilty OF any ollense
and his further knowledge, that he ran
no risk OF losing his life by trial.
The court replied that the matter OF
bail i'll this case was in the discretion Of
the court. Judge Campbell was OF the
opinion that bail could not be given,
whether the defendant might be found
guilty OF murder in the first or second
degree. He had been sustained by the
supreme court refusing TO grant an
appeal. The affidavit filed was calcu.
lated to excite, Judge PAUL said, and
did excite, the sympathy OF the court
but he did not think it had anything to
do with the point at issue. He was
compelled to deny the motion.
Ills honor then offered to set any date
for the tria! counsel might agree upon
and Monday, May l6, was selected fol
tho opening OF the trial. The clerk was
instructed to summon the same wit
nesscs for both sides, and court ad
journed.
The fact that the new trial was set at
so early date gave rise to q gooi deal
OF comment, and much speculation was
INDUCED IN as to whether jury could
be obtained, tho present long.continucd
efforts in that direction being still fresh
in the public mind. 1t has been argued
however, that it will be less difficult &c
secure ajury week from now than il
will be three months hence, as the case
by that time will have been more thor
oughly discussed, and the opinions o.
jurors more thoroughly formed. In adj
dition to this, DR.. Garrison is entitled
to a speedy trial, and to keep him wait.
ing three months more will dctain him
that much longer in Jail, with the pros
poets OF q final adjudication Of his case