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


prisoner, and OH
ELEVENTH STREET THAT DAY PURSUED Hin,
and told him lie would blow his head
oil, and DR.. Garrison pulled his pistol
and shot him dead, what Is there about
tho circumstances that would not
justify DR.. Garrison?
Colonel Arnett dwclt little on the
prosecutions theory that a verdict OF
acquittnl would mean an encourage.
ment OF lawlessness. II the wholesale
killing, as depicted by Mr. Howard,
wcro to take place, on an unjust verdict
Of acqnittal, tho samc slaughter would
follow a just acquittal OF the defendant,
Tor all mon arc apt 10 think that those
whose memory they revere hayo been
In tho right. II should not terrify tho
Jury, as they wero not responsible for
tho effects Of thoiryerdict. The colonel
gave thrilling description OF DR.. Cur.
rison standing on Eleventh street, with
tho recollection OF tho threats OF DR..
Baird, "l'll kill you yet. I've como
back to tell you what to expect" ring.
Ing in his ears. The law did not require
him to stand there until tho last mo.
ment, until tho pistol was cooked.
With NIL the threats OF DR.. laird In
their minds, Colonel Arnett asked tho
jury, would they not have felt anxious,
in Or. Garrison's place?
MIR. |. D. Prayers evidence Colonel
Arnett considered very strong. IIo
heard tho first shot, and turning his
head in that direction saw DR.. Baird
coming from an easterly direction, but
the strongest, most potential evidence,
was the fact that the hitching strap was
hanging down and tho horse unhitched,
thus proving that DR.. Baird had lett his
horse hurriedly and followed DR.. Garri-
son.
Colonel Arnctt disclaimed any inten.
ton OF repeating tho language that DR..
Baird had used, but eloQuontly dwelt
upon a mothers love and tho love borne
to her by her offspring His vocabu.
larry failed him, he sNid, to littingly dc.
scribe the words, mother, home, hopo
and heaven" He instanccd tho oppor-
tunities DR.. Garrison had had to kill
DR.. Baird, ii malice were in his heart.
In tho postotlice, where DR.. Baird in.
suited him, he listened to the abuse OF
his mother without rescnting it, he bore
the horrible abuse OF his father, from
whose loins he sprang; language that
would have caused any member OF tho
jury to spring to his feet and resent the
insult And vet DIR. Garrison for months
had borne the insults, and had attempt
ed no retaliation by blows or otherwise,
until, on the 9TH OF March, in fear OF
death, no shot his enemy.
Inc speaker closely analysed the ties.
s"iI .L,t aoe .M "t ~ ciit'uron' anu
mony they were not LOOKING directly na i,si vt
DR.. Baird, but at DR.. Garrison, seeing
MN shooting; but not Knowing that he
was nrlhs ~ Or. baird. Although arGu-
ing that the second shot through the
mead iad nothing to do with the case,
Goi. Arhett claimed that 1t had not pos
itixely oeen shown:oy the state that the
pau entered Mt the back OF the head. 1t
was Just as possible that the ball ell
tereu the eye and came out at the back
OIL the mead
lahlhS mo coneiuerat,on the threats
Ihat had oceh made, Colonel Arnett
continued, the warnings that were so
gwen, the Jury could not
neip 1ut DC impressed with tho claim
OF sell deience. the principle upon
Wnich the ue!enuant relied Tor his ac-
qulttal. ,
Mhen Colonei Arnett closed, court
adjourned until hall past six. at that
hour captain Dovener commenced his
strone closing argument Tor the state.
CAPTAIN DovESER's SPEECH.
CAPTAIN Dovcnor commonccd ot
.,.,nt,. ,,,;,,,,, ,..Ga.. -, ~
'"o.'! in..u'e' ~ seSen cioeh' liz
admitted that tho Jurors were judges OF
the law. but that they were Judges Of
the law as presented to them by the
court. II
Only by the faithful administration
OF law have you any safeguards for
the future. When the law is made
plain. the evidence is made plain, and
there is no escape from it: then it is
your duty to find q verdict accordingly.
The court will tell YOU that, however
grievous, words cannot justify you in an
assault. Why? Bccauee We live in n
land of law. 4 law was passed BY
which, il | call YOU scoundrel and a
thief, and though YOU NAV be one-be-
cause they tend 10 u breach oil the
peace, you can put mo under bond.
But no man has the right to take tho
law into his own hands. Words. how
ever insulting, do not Justify assault, do
not Justify a breach OF the peace.
i.Dr. Garrison was no. in danger OF
death he had no right to kill Dr.. Baird,
and tho use OF the epithets did not
Justify the killing.
Captain Dovcncr took up the book
that Mr.. Sommcryille had quoted from,
and read from the same syllabus Mr.