The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-02-17
LIVELY TO THE last.
Tho Argument on the Motion for Il
New Trial for Garrison
ENDED YESTERDAY AFTERNOON.
Col. Arnctt's Mastery Resume of the
Reasons New Trial Ought to DO
Granted Finished at tho Hour for
Adjournment, and tho Case Taken
Under Adviscment by tho Court.

Tho argument OF the motionior now
trial in the case OF DR.. GeorgoI. Gar.
rison, convicted CT tho murder OF DR..
George Baird, was concluded last even.
ing few minutes before four o'clock
and Judge Campbell took the matter
under advisemont. OF course nobody
is competent TO Judge how long it will
take the judge to form his opinion aad
render his decision, but it Is reasonable
to presume that no will undcr tho cir.
cumstances conclude his deliberations
with all possible speed and render tho
decision as soon as 10 compatible with 4
fair cxaminationof tho mass OF evidence
that is before him.
Court opened at 10 a. IN. yesterday,
md Col. Arnett resumed his argument,
closing for tho defendant. Ho said no
desired to dwell somewhat on tho tcsti.
mony ofG. W. Robinson, deputy United
States Marshal, as to tho Offensive letter
received by Dr. Garrison, and hc won't
on 10 argue that this Testimony was in
admissible, and having been admitted
new trial should BIO granted for that
il Tor no other reason. Tho conclusions
OF tho United States authorities rs to
the authorship OF tho letter not having
been reached till in March, they could
not have any bearing OH tho case, and
DR.. Garrison not having boen examined
MS to that point other testimony in 70.
buttal was certainly inadmissible.
AS to tho matter Of misconduct OF a
juror, it might happen before he was
accepted and sworn or afterwards. II
before, tho actual injustice to tho de-
PENDANT must be proven by d prepon.
derance OF evidence. But Ii the mis-
conduct occurred after the juror had
been sworn tho presumption is that the
injury had boon done to tho defendant,
and this presumption must be mot by
positive proof to tho contrary. When a
juror is selected to act in the trial of a
case he is in the same relation to tho
court and to the defendant as if he had
already been sworn. Numerous in
stances from the decisions were quoted
by the colonel TO substantiate his posi-
ton. Among these was the Cartwright
case, in which the verdict was set aside
because 4 man had been allowed to play
violin i'll the presence OF the iurv,
although there had not been word
said about the case.
The evidence as to tho remarks OF tho
juror Robinson was quoted to show
that he had been guilty OF, misconduct
attor he had been selected to sit as a
juror. He held also that Robinson had
deceived the court by remaining silent
when inquired Of rs to his having made
remarks, and said that Robinson had
tacltly admitted that no did SO deceive
the court. A dispute arising on this
point tho court said that he had 80
understood the matter.
The colonel was frequently inter-
rupted by tho counsel for the state, and
had not finished when it came time to
take recess for dinner.
In the afternoon Colonel Arnett re-
Eumed his argument. Ho wont into the
facts as to Jurors Schmidt and Robin
son, and said that tho misbehavior OF
one Of them was SO plain that the court
mad issued rule for him to appear and
show why he should not be fined for
contempt. Yet the state came here
and tried to belittlo the evidence on
which it was undertaken to impcach
) them as jurors and got new trial.
MIR. Howard read from the testimony
OF Juror Robinson covering ono OF the
points that Colonel Arnott had made, to
show that the position OF the colonel
was not correct. Having done this he
said he called the attention OF tho court
to the fact that what tho colonel said
was not true. Colonel Arnetti said he
supposed that all the gentleman meant
to convey was that he was mistaken.
10 this Mr.. Howard responded that OF
course this was what no meant.
Colonel Arnett in his concluding re-
marks again referred to tho TACT that
Mr.. Bell had failed TO take advantage of
the privilege no had Of being excused
IRON jury duty on account OF his age,
and said that he was afterwards forced
OF; by the insulting language OF the
counsel Tor the state. Mr.. Howard arose
anu made a statement. Flo said that
he did not want Mr.. Bell on the Jury,
ana he had purposely used language
which Kept him from serving. He con
Gelyed it to be his duty to the state to
40 that, and he was willing to accept
mo responsibility for his course. II
any blame was to be attached to that,
lie was willing to accept it. He had a
clear conscience on the subject.
MIR. Howard also alluded to the FLAG
geIation which Colonel Arnett had said
me day before that he would like to
give to Captain Dovencr but for the TACT
mat he was absent Ho said that the
captain was present to-day, but he had
hard. S'sf '' ~
III my young friend wants to involve
nc N fight with Captain Dovener,"
Iald Colonel Arnctt, Gust as soon as 1
nave concluded my remarks and his
nonor racates the bench, if they will
form twenty-four foot ring here, l will
clean them both out"
Then tho judge announced that he
would take tho motion under considera-
Lllo9, and the court adjourncdwith every