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

asserted by DR.. Garrison. DR.. Garrison
at that time was purchasing vaccine
virus from Edmund +. Booking, and
surely, as health officer OF tho city, Dr.
Garrison would not purchase medicines
from n dcliriuln tremens lunntic.
Respecting the fatal meeting on tho
18th OF March, Capt Doyener took the
defendants own testimony. lie
claimed that tho prisoner on tho stand
had admitted seeing Dr.. Baird, on Eloy.
cnth street, us soon rs he got of the
car ut Eleventh street. The doctor was
looking at him, with that malignant
scowl. and yet tho defendant walked
scvcntSnine feet and'passed DR.. Baird,
Notwithstanding the ienr for his life lao
claimed always to have felt in Dt
Baird's presence. Did that look like
fear? Capt. Dovener asked; when ho
turned his back on his victim, not
knowing he had hit him, and running
tho risk OF being shot at7--did that look
like fear? Th&y
a Tho captain went over the testimony
OF tho diiToront witnesses flor the.dc
fcnso, beginning with that Of Miss
Lottie Walton, and mentioning that OF
French Walton, Nef Laing, Leonard
Goeckstaottcr, John Armstrong and G..
*. Hukill and other witnesses. Henry
Fishers testimony on bohalf OF tho DO
ienso
CAPTAIN DovENER TORE TO sHREDs,
and characterized Fisher. MS gthe monu-
mental liar Of the Nineteenth century.
IIe spoke OF the efforts that had been
made to enlist the jury's sympathy in
behalf of the defendant The law was
not for tho purpose OF "ayenging the
dead, but ior tho purpose OF detorring
from tho commission; Of crime. Flo
asked tho jury not to spend sentiment
over the case, but to Judge according to
tho law and tho evidence. lie declared
there had been 10 ill.will exhibited to-
ward the prisoner so far ny he knew,
and the baird boys had come on tho
stand and handled the glasses their
father had worn without exhibiting any
ill-will. "All ! ask is Justice; Justice to
to the law, justice to the prisoner. You
arc not responsible for the effects OF
your verdict. | ask you to tako this
case and remember one thing. l must
say this in justice to DR.. Baird. lilo was
practicing medicine almost before the
prisoner was born, and had been pros
ent during the birth and rearing OF two
generations OF citizens OF this CITY,"
Claiming that tho state had proved a
grado OF crime equal to murder in the
first degree, Capt Dorener closed, ask
ing for verdict OF murder in the second
degree. lie had spoken.two hours and
twenty minutes.
Colonel Arnett read the jury the in
structions prepared by the defense and
submitted to the court Prosecuting
Attorney John A. Howard thon read
the instructions prepared by the state.
The prisoner must prove that he was in
reasonable fear OF death or great bodily
harm. No mere words, no matter how
abusive or insulting, justify killing.
No former threats justify the killing,
and at the time Of the killing some overt
act tending to show an intention on the
part oil the deceased TO inflict bodily
harm on the prisoner must be shown.
The court explained to the jury that
it could bring i'll, one of five possible
yerdicts according 10 the proof: murder
in the second degree, voluntary man
slaughter, involuntary ,manslaughter,
assault and battery and not guilty. The
jury was told to. retire. nd..ifSats ten
o'clock they were unableto agree YER
dict, to return to the court room, to DO
adjourned until the morning.
During the absehce of. the Jury the
court ROOM remained tflled,aalluthe
seats occupied and the aisies crowded.
At five minutes after 10 o'clock the jury
filed into the court room. Foreman
William II. Williams announced that
verdict had not been agreed upon, and
the Jurors were sent to their hotel an
der guard Of the deputy. shGriff5. They
will return at 8 o'clock this morning.
Before the jury retired one Of the Jurors
got up to inquire about. DR., iBaird's
overcoat, which had been submitted in
evidence. tle said he understood the
witness to have said that tho overcoat
was buttoned up high, and he wanted
to know how, if this were the case, the
bullet could make hole both in the
lapel and in the body OF tho coat. Judge
PAUL interrupted the juror and told
him such matters would have to beds
cussed in the jury room. The juror
subsidized.
VERY ATTENTIVE JURY.
Tho general aspect and the behavior
of the jury has been matter OF wide
spread comment. Old attaches of tho
court say they have never seen a Jury
that displayed so much and such. steady
interest in the proceedings. Every one
OF them was always closely attentive,
both to witnesses and to attorneys.
Juror Hercules was the last man in the
last row and sat near an open window.
On account Of the noise from the street
he was Obliged to lean forward TO I'M
derstand the witnesses, and this posi-
ton he occupied almost during tho en-
tire length Of the weary trial. Juror
Williams kept his eyes fastened on tho
witness stand, and if lie ever turned
them away while the stand was occt-
pied, it escaped the attention OF the re-
porter. Juror Smith was all attention,
and was particularly Interested in tho
defendants testimony. He insisted on
hearing him out, and several times ask
ed the council for the state to allow Dir.
Garrison 10 finish his replies TO the
questions asked him. :. ~
How long it will take before verdict
will be found is, OF course, only a mat
ter OF speculation, The elimination of