Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-05-05

State as regards tine defcDsc'S plea OF once
in jeopardy This will make the highest
posi- bic verdict murder in the second de
gree-the same as before.
TIE CROss-EXANyNATION or DEFENDANT.
The defendant took the stand at 9:lO'
and the cross-examination was at once
commenced.
Q.-rBy DovenerI- When did You first
meet DR.. Baird! A.-When did / first
meet himi
Q.-Yes3 A.-Some time in 1881.
Oh this city. Ayes.
Q.-Where were you liviug' A.-On
Main street, in this city.
Q.-Is that the first time you met him.
An this citv.
Q.-i asked you If that was the first time
you met him. Didn't you meet him in
Burton. A.-NO.
Q.-You aud DR.. Baird were very good
friends. A.-Ncs.
Q.-How long were you friends! A
In 1888 or $50.
Q-Then for eight or nine years you and
he were very GOOD friends. A.-1 eS-
n
het Ayes, professionally.
O.-Well. i'm other ways too Ayes.
Q.-DidnC he help you politically: A
Yes; he helped me 10 get an appointment.
O.-When was thatl An 49,.
O.-What was that appointed A
Member Of the State Board Of Health.
O.-Didu't ne aid YOU IN obtaining the
ONCE of Health Omcer: Ale was not
In Council
OIL didn't ask you If be was in COua-
Gil Didn't be support YOU. A.-No. Dr.
l. NJ Baird was candidate.
The defendant made, or attempted %
make. an explanation about the Health
Once contest, and then Capt Doyener
asked
O.-Didu't YOU understand that Dr.
Baird supported YOU A.-As i said, Z
don't know whether he gave me support or
not
OF want TO know if 10 wasn't your un-
Outstanding that Dr. Bard assisted you ia
that election The defense here objected.
and the Court Overruled IT. Al don
know; I don't know whether understood
he supported me or not.
After q good deal of SparrinC between
Capt DOvener and defendant Capt Dow
ener again asked
Al want 70 know how you regarded
him If YOU regarded him as a friend favor
able % your election Al don't know that
i REGARDED him as friend any more than
any others. I have good many friends I'm
this town, and ! can't say any more def
nitely about him than about many Others.
smoke about DIR. Reed Baird's candidacy,
and he said that wouldn't make any differ
Cuce and that Mrs. Baird wouldn't allow
him 10 have the Office.
I'm reply 90 a question as 90 when the
trouble between defendant and DR. Baird
began, defendant recited the warrants
asked 10 be sworn out for Van Cleve and
Lord, In SIS, BY Dr. Baird, who ne said,
had asked that 10 be done that he could
levy on their goods, for BILL Defendant
sald he objected at first 20 using his Office
90 collect bad bills for Others bug he finally
said he would do 10 and make Dr. Baird
the complaining witness. DR.. Baird
said: Like hell you will, and that started
the fuss. cdr. Baird was never the same
10 me after that, aud went on TO detail the
growth of DR.. BaIrd'S resentment 20 him.
Finally Capt Dovener asked If he did not
insist on swearing out q warrant for DR..
Baird, and witness said he did not insist
on 10, and went on % explain that matter IN
detail, il growing out Of the outbreak of
typhoid fever and diphtheria, in the upper
part of town DR.. Baird failed 20 report
cases Of malignant diphtheria, as required
by ordinance. Defendant reported the
Chief Of Police; the latter asked him 20
swear out warrant FOR DR.. Baird; defend
ant refused 20 90 10, reported the matter 90
Council. and there IL rested.
In reply TO "a question as 20 whether DR.
Baird did not claim 10 was not diphJheria,
while witness claimed it was, de-
feadaEt said DR. Baird gave
death certificate for pseudo
mem branOus laryngitis. a term which COW
ers diphtheria. mcmbrauOUs Group. etc It
was distinction without difference. and
defendant thought DR. Baird took advant-
age OF a technical distinction 10 embarrass
HIM Dr.. Garrison went on % detail all the
circumstances about this matter with
great minUteness, and then said the last
time Dr. Baird spoke 20 him was on the
morning of the city election, ia 1889 Or
Wilson was In the buggy with DR. Baird
Defendant said: "G6ntlemen, / am a can.
dIdate for City Health Officer, and hone
yOu'A give rae your support Or Baird
Laughed sarcasJicaily and said, oh. YES
We'll support YOU ! knew that be meant
that they would mott
OFF You regarded him as an enemy. as.
you have stated, why did You ask him Co
help YOU. A-Weu, I came down AID
saw them getting iutoa buggy, and smiled
pleasantly and said; Gentlemen. I'm
candidate for Health Onicer, and / hope
You'll give me your support" Ia was then
DR. Baird smiled sarCdstically and said
"IeS, well support YOU ASH came down
they looked 40 each other aud smiled, and
supposed they were talking about my be-
Ing candidate.
Capt DOvoner went on TO crOsS-eXamine
defendant upon this point, and got him 90
say he had only determined % be a caudi-
date that morning, after reading the paper.
ana seeing, TO his surprise that the Demo
Gratis had majority iu Council He only
supposed at the time tHat was what the
two men were laughing about; he did not
know definitely.
The next point taken up was defendants
candidacy IN 1891. when he was OnpOsCd bv
DR. Baird. and was defeated.
Or. Bair6 opposed Won on that occa-
sion. A. suppose he d.d.
Q-ADd within a month sitter that you
killed DR.. Baird A.-Wel, 10 was that
soon afterwards.
The gas ctfice fight was next taken Up.
aud was gone Over I'm detail Then Cant.
DOvc1cr asked DR.. Garrison If he could
name Que place OF time when Or Baird
had ever "ilted finger" TO him, in u hos
Tile way, and IN reply the defendant said
there were innumeTable occasions when he
saw his "glariEg eyes and angry face. 80
and heard tho eplt6etS. Capt. DOvener
pressed defendant for one circumstance.
and Dr. Garrison inStauced the episode
when Mr. Hadhch was present. on Market
street. This was then taken up by Capt.
DOveDer, who attempted % ascertain from
witness IF he hadn't asked Mr. Hadlich
what Dr. Bairi had said The two had
regular verbal sparring match over FL.
punctuated with objections by counsel for
defense, rulings by the Court. etc
From this capt Dovener referred
TO defendants statement that he