The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-05-28
THE GARRISON VERDICT.
After nearly Four Days Counsel
tho Jury finds a Verdict
OF INVOLUNTARY MANSLAUGH7ER

Jury stood, for Over three Days.
The ProDasco New Trial Application
postponcd...Juro Keller denies tho
Charge OF Misconduct.
Exactly ono year ago yesterday DR..
George |. Garrison was found guilty OF
murder in tho second degree by n jury
OF his peers, and yesterday twelve fair
aud impartial mon brought in q verdict
OF inyoluntary m%anslaughter, practically
acquittins tho defendant OF tho inten.
tional killing OF l>r, George Baird.
For n day or two after tho jury went
out, last Monday evening" considerable
interest was manifested in the probublp
result OF its deliberations. 1As' time sped
on and it became manifest that tho jury
was in u deadlock, predictions OF disa.
groement were freely mado, and SO gen.
crol was tho faith in the truth Of the
prophecy that but very few people re.
NAMED about the court room waiting
for tho jury. Yesterday morning the
attendance was very light, there bein.
hardly any one in tho court room but
tho prisoner, his friendSand attorueya
and a few attaches OF thscourt.
Attwcnty minutes nfter twelve o'clock
Judge PAUL. appeared iin.tIe room and
took his scat on the bench. No one
supposed that a verdict had been
reached, and it was thought the jury
was only going to dinnoriten minutes
earlier than usual. The jury filed into
the box.
"lIavo you agreed upon a verdict,
gentlemen ?" said Clerk MITCHELL
Instead OF tho sterooty pod "We have
not" came the reply: 1--WE have"
"WhNt is your yerdictp"
Guilty" replied tho foreman.
DR.. Garrison changed color, but rs
Clerk Mitchell still held inhis hand tho
written slip, it was eyidentsth tina. more
was coming.
1--WE, the jury" continued the clerk,
Find the prisoner guilty OF in voluntary
m~anslaughter."
Colonel Arnett requested that tho
jury be pollcd, and after every man had
answered. giving his assent to the yer.
dict, and the jurors had been dismissed
TO their homes, Col. Arnett made u mo-
ton for a new trial. The hearing OF the
motion was set for to-day, and DR.. Gar
rison returned to jail.
wuAr.Is II PENALTY?
The verdict of guilty OF involuntary
manslaughter was received with the
Famc diversity OF opinion as has pre-.
vailed throughout the three trials.
Some people condemned it as too light,
while others thought the verdict ought
to have been not guilty. The general
feeling among the masses Of the people,
however, was rejoicing that tho case
was probably ended. Those who had
no partisan feeling on either side were
willing to accept the finding OF the jury
and let it go at that.
OF course the verdict was o compro.
mise. DR.. Garrison was either innocent
o. guilty Of some other oflense against
the laws than involuntary manslaugh-
ter, but the jury felt that it ought to
do something, and did the best it
%could-so the people reasoned. A few
were bitter in their expressions, how.
ever.
The question at once arose, What is
the penalty? Here came in a diver.
gence OF views which in regard to q less
serious subject would have been anus.
ing.
The Code of West Virginia says that
Involuntary manslaughter shall be 4
misdemeanor." Nothing is said OF the
punishment.
The commonlaw is that a misdemean.
or may not be punished by confinement
IN the ~penitentiary. Outside OF that in.
h%lbltion, generally speaking, the penal
ty Is at the discretion OF tho court.
The presidents are not very decisive.
In the tianley case, at New Cumber.
land, Judge Campbclldecided that there
was no penalty, and dismissed the pris-
oner, yet in the case OF the colored man
who killed n fellow employee at the Ho-
tel Windsor, in'this city, and was con-
vlc'ed of the same misdemcanor, he
cave him six months in Jail.
Judge Melvin, when on the bench in
this circuit, once held that the court
could fine, but could not imprison
Tor involuntary manslaughter. 1t was
sad yesterday that Judge Nun jackson,
OF the Parkersburg circuit, had SEN
fenced 4 man to two and one half YEAR,
imprisonment in jail for tho same OF
tense.
NEW TRIAL.
There was some speculation as to the
outcome of the motion for a new trial.
lhe defendant has everything to'gain
ana nothing to lose, by pushing
ms motion, and if it is refused taking
Tue case TO the Supreme Court OF Ap.
peals. He cannot Observation-Disclosures
Judge PaulPs ruling, DO tried Tor any
higher grade OF crime than involuntary
Manslaughter. If a new trial is granted,
me prisoner must be admitted. to bail.
Then no can Afford to wait fol, a, final
decision OF the matter.
The common sense view OF tho matter
Is mat il 4 light sentence is imposed
III, Garrison will prefer to serve it out