Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-05-19
THE STATE Will REST
IN THE GARRISON MURDER CASE AT NOON
TO-DAY.
Nineteen Witnesses 50 Far Ezaminsd--The Scenes
and Episodes Of Yesterday--ImpOrtant
New Evidence Said 70 bs in the
Hands of the Defense.

Qdu1o VI lAp DOLVASN''
The third day of the murder trial
opened, yesterday morning, by calling
William Addlesburger to the stand, he
being the fourth eyewitness OF the
tragedy. This witness told the same
story, in its general effect, as upon the
previous trials, as did o. c. Genther.
William Baldwin, the colored boy, Min
ME Marshall and Leonard Gerkstetter,
all being eys-witnesses Of some portion
of the affair The thirteenth witness
and the tenth witness, was Eddie
Briggs, the little boy who was on Baer'S
delivery wagon, which was just turning
Lash's corner when the shots were fired.
His examination was not concluded
when the hour arrived for the noon ad-
iournment, and the croSs-eXaminatiOn
was prolonged until quarter OF three
o'clock, Col. Arnett going into details
very infinitely, as, indeed, has been the
case right along, with all the witnesses.
Jacob Sweitzer was next called, and
the audience prepared itself for the
friction which, upon the previous trials,
las resulted from the cross-eXamina-
ton OF this witness. The first indlca-
tion Of diagonal time occurred when
Mr.. Sommerville objected 10 the form
of Capt. Dovener's' questions, and when
the Court ruled in favor of the State,
Mr.. Sommervlle said he wanted to say
if the Captains course was proper, he
had not heretofore understood the rules
of practice. in this Court. Capt. Dow
ener retorted that he was not responSi
BILE for what Mr.. SOmmerville failed to
understand. The Captain, proceeding,
asked some questions which the Court
ruled out as leading, and nothing more
occurred on direct examination. The
crosS-examination was postponed until
Adam Burkhardt, the driver Of the
Reymann Brewing Company wagon,
who was at busch & Gaus' cellar door,
on Eleventh street, when the shooting
took place, could be examined. On the
REORGANIZATION, Col. Arnett wanted
to know where the witness lived, and
was told in Bellaire, but worked here.
He had not been su0p9n9i; he came
voluntarily.
Q.-How did you come? By contract?
A.-No.
Odd you come on an agreement?
A.-NO.
Odd you arrange to come for so
much money? A.-No.
O. Didn't you get $40 to come? A.
No.
Didn't you tell some one at Schaef-
er'S, the tailor. in East Wheeling, that
YOU got $40? Al don't recollect if l
told him anything about it or not. l
was talking with them, but | don't
think l said anything about money to
them.
Col. Arnett asked numbe r Of Ques-
tions, aud in reply to them the witness
said he had not received ten dollars,
out had an agreement by which man
employed in his place viii 10 he was in
attendance at the Court House was TO be
paid. He did not remember telling any
one about money, or that he was TO get
ten dollars extra. His crOss-examina-
ton then proceeded. At the end Mr..
Howard asked the witness about the
money contract referred to by Col.
Arnett. The witness said he came here
at the last trial without a summons.
He got 50 from DR.. Baird to pay the man
who worked in his place, and be got 81
from the Sheriff. He had the same ar
rangement this time.
Mr.. Howard-That's all, except l
might ask you whether you know how
much Mr.. Fisher got, at the last trial?
The Court-Oh, go on; that's all
right.
Mr.. Sweitzer here came back for his
REORGANIZATION by Mr.. Sommervllle,
and it was not many minutes until there
was a controversy between Capt. Dow
ever aud Mr. Sommervlle as
10 the relevancy OF queS-
lion TO witness as TO whether or
not the witness had the grippe when DR..
Baird last attended him. The Court
took a hand in IL, and set
lied it on compromise basis,
and matters went on for a
moment or two, when witness and Mr..
Sommervile had IL over alleged state
ments made by the witness prior to his
coming on the stand, and what he had
testified to at the last trial The wit
ness denied he had told Mr. Sommer-
Vile, Dan Crymble, Gilbert E. Rose,
Judge" Beymer, Jesse Leasure, Mrs.
Martin, John Evans, j. ID. Pryor, or
anyone else, to the best of his recolec-
tior, that he knew nothing about the
shooting, and was up stairs in his house
II the time.
Then Capt. Dovener attempted to give
Mr.. Sommerville some points, and Mr..
Somnerville retorted that he was eX-
aiming that witness.
Capt. Dovener-Yes, and you're MAX
ing fist Of it, too.
Mr.. Sommerville-My fist" OF it
seems 10 be worrying you a great deal.
Capt Dovener-Oh, yes; Laughing
I'm worried about it.
Mr.. Sommervile-YOu appear to be.
Capt Dovener To the Court I'm
only telling him I'm not worried. He
asked me.
The witness said something about the
shots being fired simultaneously, and
Mr.. Sommervile took this up. Capt.
Doverne- laughed, and Mr. Sommerville
Said:-
This may be all very funny to you
Capt. Dovener-It is funny TO hear
man who has been making laws for this
State talking about firing two shots ST.
simultaneously from the same pistol.
Mr.. SOmmeryile-I was only using
the language of your witness.
Capt. DOvener-If he said 1t, you have
the benefit of it.
After some further discussion the