The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-05-06
NOW WITH THE JURY
Is tho Final Decision in tho Garri-
son Murder Trial e6,
ELOQUENT SPEECHES BY COUNSEL.
Tho Jury Listens Attcntivcly to Every
Word TINT is said...A Big Crowd AT.
tonds tho Closing Speech Last Night.
The Jury Rctircs, but Returns and
Is Sent to the Hotel for tho Night,

anu lalr attendance OF spectators
greeted Prosecuting Attorney Howard
in his speech, tho opening Of tho argu-
mont, In the afternoon tho attendance
was much larger. Several ladies wero
within tho railing and fair sprinkling
Of tho fair eek was scattered through
tho audience. Mr.. Howard began at
fifteen minutes after nino and spoke
for an hour and iorty.ono minutes tho
time being limited to two hours for
each attorney.
Mr.. Howard claimed that the dcfnd.
mt was guilty OF murder in tho first
degree, but as tho court had decided
that he could not be tried on that
charge, the highest verdict the jury
could find was second degree verdict.
Ho explained tho law OF self defense,
the plea the defendant made use OF to
escape punishment. Mr.. Howard
claimed there was q difference between
the attorneys for the defense and the
prosecution in that it was tho duty OF
the defendants lawyers TO. take advan.
tarc OF all tcchnicalitics for their client.
His own duty was different Hc could
take advantage OF no technicalities. but
must follow the narrow path OF the law.
Referring to the law Of self defense, he
said that then only was man justified
i'll killing another when there was
10 avenue Of escape left open for him
than to take the life Of his enemy. lie
said
True it is, that though circumstances
may have deceived reasonable man
fDr. Baird had drawn revolver and
pointed it Mt DR.. Garrison. and the
latter had shot and killed him, and it
afterwards turned out that the revolver
was not loaded. the jury would find
that his life was not in imminent dan
ger, but the circumstances were such,
that DR.. Garrison was afraid he was
in dangtr OF his liie.. But he does it at
his own risk. Let US review the testi-
mony. Did DR.. Baird
MAKE A THREATENING DEMONSTRATION?
Did he put mis- hand to his hip pocket,
where his revolver was? What witness
says he did?
This is n remarkable case, in that
where thercwere so many eye witnesses.
From every point they were seen.
There stood DR.. Garrison and fifteen
feet away stood DR.. Baird. Across tho
street stood French and Lottic Walton,
at the end OF the street stood D. G.
Genther and Willie Baldwin. Below
was Jacob Sweitzer; over head was Mrs.
Deloe. From every direction human
- Ia
twit mo for not bringing Miller, who
was a strong witness for the state, yet
who We were convinced, was not telling
tho truth, and yet counsel for the de-
Tense put Henry Fisher on the stand
What pitiful exhibition OF himself he
made. 1t made my blood run cold. to
hear that man perjure himself Why
do you bring such perjurcrs here?
turning to counsel for the dcfense l
would rather my client were in the pcni-
Tertiary for life, than attempt TO
save his life by perjured testimony.
Henry Fisher was the only witness
they brought. Why even if what he
said we're true, I don't see what good
his testimony did them. He never tos-
titled to DR.. Bairfs drawing revolver
or attempting 10 make any hostile
demonstration whatever. There were
thirteen witnesses who saw the shoot
ing, three eye-witnesses who saw the
two men before the first shot was fired.
And what did DR.. Baird do? He got
out OF his buggy and stood there with
his hands at his sides. Who saw him
make hostile demonstration? One OF
the fourteen eyc-wltresses, the defcnd-
ant himself, and he made use Of the
words ''hostile demonstration. He
raised his hand, but he did not know
how high he raised his hand. All he
fdlls you was that Dr. Baird raised his
left hand, and that he thought there
was danger OF losing his life.
1would leave out. every witness for
the state, and base my case on Dr.. Gar
rson's testimony. Why? He gets off
the car on the side opposite to that on
which he stops. He walks down the
side OF the street on which there is but
little travel. He says no sees DR.. Baird
and it is too late to turn back. 81
WHAT DOES lie DO?
He removes his glove, for the purpose
of being ready to draw his revolver.
What is DR.. Baird doing? Ho is stoop-
ing down over the hitching ring with
pair OF clumsy gloves on his hands.
DIR. Garrison is all ready, but DR.. Baird,
stopping over the hitching ring, was
notin position to shoot. He says no
took off his glove to be ready to, in case
DIR. Baird made an attack on him. But
he went on by; the insult was given
and he had got past. And yet he went
back. He says he turned back because
DR.. Baird was following him. Yet
three pairs OF human eyes were directed
ut DR.. Baird, watching his movements.
Do you believe that Dr. Baird made ono
step after DR.. Garrison? Then YOU say
that the Walton children and tho Bald
win boy were not telling tho truth, and
that all the other witnesses, who located
DR.. Baird west OF the hitching ring, arc
not telling tho truth.
He had stood the cpithets "a long rs
he thought he could, and no told DR..
Baird, "You must take that back"
"You must";-what is the other altcrna.
tive? IiaSl
Even after he was shot tho first time
DR.. Baird made no attempt to draw his
revolver, but turned away toward Pra-
gers store. You know that his back
was turned on DR.. Garrison, that the
bali entered the back of his head and
passed out through the eye.- Where is
tho jury that will say that man that
Z shot another in tho back did so in self
defense? l.*iE
DR.. Baird was an old man. he was not
fighting man. and after the first shot
was fired, and DR.. Garrison saw that old
MN fleeing from him. he fred tho shot