Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-02-16

have sy = been nee mon the minds of the jury
On the question of the cost OF a new
| trial he said:
..That is but dust in the balance. dollars
and dimes-the jingle of the guinea-nss
nothing TO do with the administration Oh
Justice, was astonished at Capt. Dovener
reverting to IL. Your Honor has no care
for the cost II would not matter what
the cost would be. | believe Your hohos
would act, though it cost millions lhs,esu
of thousands, if injustice has been done
this defendant"
Col. Arnett then passed 10 consider
alton of the right, insisted upon oy the
defense all through the trial, to know
what DIR. Garrison said on Eleventh
street. He said the stand taken oy
Captain Dovener was, that inasmucn as
DIR. Garrison would not admit he TAXED
10 Mr.. Armstrong, or that the talk was
on the west side of Market street, In
stead of the east side, that his evidence
was not admissible. he went over the
evidence of Armstrong, MONTGOMERY
Dunleyy and Kreiter, regarding TINS
point, and commented upon the matter
at considerable length.
THE trouble is that ii is sought TO De
proof. One is out the means and the other
is the result. But Captain Dovener brings
up John Armstrong, who says he naa
conversation with DIR. Garrison on EIeV-
euth street. and then claims IL is proven,
ana shuts out the defendant, unless ne al
mits he talked with Armstrong. de IS
willing that DR.. Garrison shall tell any
thing he wants 10 about that conversation,
but about none other. Now we admit we
strong was, but rot with MIN; out the
Captain says, No: that won't don and
shuts US out, although all his supporting
witnesses signally failed 10 corrooorate
Armstrong. | say that when this is shown,
and it is further shown that there was out
one talk there, they can't stop US, and to 90
so is error. Is that course fair TO DR.. Gar
risou! Is IL fair 70 any man. ~ Dr:
Garrison would violate the rules OF
truth and veFacity and say he had Talk
with John Armstrong, il would be all
right, but he did not do il, and insists that
perhaps John Armstrong overheard the
conversation he had with others, at the
very spot, and at the very time, and II
ought to have been allowed. The Captain
saws ne has proved it; he ought 10 say, we
had witness here TO testify-and we had
others TO say that that testimony is not cor
rect. The whole matter ought TO
have gone to the jury, and they been al
lowed 10 pass upon II. Allow the evidence,
and let the jury ascertain who's right about
it, IL has along seemed 10 me that the
evidence was admissible. Messrs. hreiter
and Dunlevy-gentlemen of high standing
were right there. and say DR.. Garrison
never stopped after the shooting, but came
right up 10 them, and the jury ought TO
have been given an opportunity 10 express
an opinion. To do anything else, is Writ
tually 10 say that John Armstrong told the
truth. and that the others lied.
don't know who told il correctly, or who
told it incorrectly, out | do know the evil
dence OF Dunlevy. audKreiter and Garrison
on that point ought to have gone TO the
Jury"
The next ground taken up by the Colo
mel was his immediate motion 10 set
aside the verdict, when the verdict
came in, and the criticisms to which he
had been subjected 10 therefor, and said
the sole reason for his action was 10
comply with the. common usageS. So
far as being negligent was concerned,
he thought they were about as active as
men could be. They had gone by buggy,
motor cars, horseback and railroad,
night and day, and the charge Of negli-
could be imagined.
The assertion that the defense was con-
tent TO take chances with Robinson is
EQUALLY absurd. for If we had known about
Robinson we would have struck hun of u e
panel, though we had been fit subiec
Tor Barnum's baby show, and would have
gone on, and picked him for use after
wards. ! would have never have allowed
him 10 vote away Or. Garrison's life, but
would have left him out in the cold, and then
made the allegation thereafter that one Of
the twenty was unfair. / call your atten-
ton 10 this 10 show your Honor the utter
bosh of this claim made by the defense
Mr. Howard here Interrupted 10 suG-
gest that Col. Arnett entirely miscOn-
strued the stand taken by the State.
"No, there is no mistake. The claim has
been as we have said, all along, and wien
made that affidavit it was my purpose, 50
help me Coo, to let Your Honor know ali
about il before ! argued it."
The Colonel read the affidavit, said
there were no mental reservations when
it was drawn up and signed, and ridi-
cued the idea advanced by the State
that he had not informed his co-counsel.
The reason they didn't bring the man
Smith up before the Court was because
when the speaker heard OF the matter,
he was on the street, and neither the
Smith informed against, the Court, the
Jury, or anyone else was near. The Colo
mel gdverted 10 the Strauder affidavit,
referred to by Capt. Dovener as model
OF its kind, and an example for the
speaker TO go by in the future, and said
II was fine Specticle-
'They filed an affidavit against Juror
Larkin, and then sat down and went on
with the case That was wisdom. ] had
hoDed Capt Dovener would be here This
is one OF the few occasions in which got
the last whack at the Captain, and | had
intended 10 use my right arm with ven
geance, but he's not here, and won't DO
it,"
Mr.. Howard think, perhaps, you are
hitting him harder in his absence than you
would in his presence.
Col. Arnett-You may think so; but
noticed this morning. when / got hold Of
you. you squealed. Laughter.
Mr.. Howard-On the contrary, i took
your place, and replied 70 you, until you
interrupted and asked me 10 let you 20 on,
and you haven't attacked me since.
LauChterl.
Col. Arnett-Well. Your Honor, don't
care to pursue this bandiage any longer.
Adjourned until $3.50 this norging,
when Col. Arnett will resume.
The Rev. WIN. Stout, Wharton, Ont,
s,,,as. AFtar hafry intellectually treated