Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-04-30
vr. nowARD's OPENING srlrENrxr.

MIR. uOwARD's OPENING STATEMENT.
Alta quarter after nine Mr. Howard began
his statement 10 the jury, prefacing il with
an alIusion TO the unusual character Of the
case He said his statement would be in
truth what il purported to be, an exposi-
ton Of the facts in the case, with some ex-
PLANTATION of the duties of jurors. He re-
ferred 20 the close confinement in which
Jurors were placed, Sympathized with
them, but said that was necessary that they
might give proper attention to the facts ad-
uuced.
"The State charges that on the 7th Of
March, 1891, the defendant, Geo. l. CARR
son did wilfuuy, deliberately, maltciOusly,
premeditatedly aud unlawtully kill and
slav Dr. Geo Baird About that there is no
doubt, the evidence is overwhelming"
Proceeding, he said hepresumed the Jurors
before him, as did jurors generally, had an
erroneous idea OF their duties. Men
often talked about what they would do with
man If they were on a jury and he had
dOue So-aud-sO. That was not the situa-
zion. A Juror could not hear the facts, and
then make a law 10 cover 10. The law was
made for the jury and all they had 10 do
was 10 ascertain the facts.
Referring 20 the charges Of malice and
reconciliation, he explained to the jury
that this did not necessarily mean that the
defendant bad 0rOOded oyer the matter for
a long time and gradually made up his
mind 10 commit the deed. The intent need
not have existed for any appreCiable time.
The purpose might be conceived and the
act carried out In a moment OF time, and
tnat was all that was necessary. He also
explained the bearing the use OF a deadly
weapon had upon the case.
He said the deIense had pleaded not
guilty, and every man who did that had
defense. 10 was not such a random de
Tense AS might crop out during a trial, but
was some well-cOusidered and formulated
programme, either insanity. or an Glibi, or
self defense The latter would be the de-
tense in this case, aud he went on % say that
if 10 appeared that. az the time DR.. Car
risOn hred the shots. he believed he was in
imminent danger of his own life az the
hands of DR.. Baird, it would be a case of
self defense But you cannot excuse DR.
Garrison, in this case, on the score OF self
sefense, uHless YOU find that DR.. Baird
was attemptinS % shoot or cut or do some
other thing calculated % give reasonable
man the belief that 10 was necessary for
bin 10 Kill his opponent TO save his own
life
He said the theory OF the State was that
Dr Baird had been killed because he had
CALLED DR.. Garrison vile names, and the lat
Yer could 90 longer bear up under the IL
Bults, aud warned the Jury that mo words
which human mind could conceive or
Aumau tongue utter was an excuse under
She law for murder
"Ou the street, gentlemen, some of YOU
Uav have said: well. If he had called me
such names. I'd have killed him. too Per
haps YOU would. 10 may have been all
right for YOU 10 say so. Such epithets may
well raise the anger OF any man. But,
gentlemen, you are no longer upon the
Atreets. You have come here and sworn
that YOU cOuld lay aside your opinions aud
give the case a fair trial YOU have sworn
90 90 So, and YOU sit here to-day, under the
aOlemuitv of a Jurors oath, 20 do Justice
according 90 the law and the evidence
Nou are no longer on the streets 10 make
Jaws for yourselves the law is made for
YOU. aud voI have sworn TO obey it,
Mr. Howard then reviewed the facts Of
the case, commencing with the early
friendship of the two men, and leading up
through thCir quarrels the combat In the
City Hail. The subsequent troubles, aud
the final elimination OF the fuCd in the
murder Reviewing the actual commits
sion of the crime Mr. Howard made a
most clear and lucid explanation OF the
facts and was especially strong when he
detailed how, when DR. Garrison got of
the street car az the corner of Main and
Eleventh streets, and saw Or. Baird, "Oe-
fore DR. Baird saw DR. Garrison, he re-
moved his glove from his right hand and
put bis hand on his revolver nm his outside
Overcoal pocket Then 10 was that Dr.
Carr son ala what amounts 90 murder IN
the first degree Air Howard went on
through the details of the crime, took up
the claims of the defense that DR.. Gar
risCu acted in self defense recited the fact
that Or Baird wore heavy gloves and
cos, and oyercoat buttOued mp 20 the chin,
and made not the slightest effort % draw
weapon or make a hostile movement, and
said the theory of scitdefense was Unteua-
bic.
Mr. Howard closed at exactly ten o'clock.