The Wheeling daily intelligencer. [volume], May 27, 1891, Page 2, Image 2

About The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903

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v this defense bavo spoken of vaporings
and men being gassy; but yet they
would have you believe that every word
Dr. Baird used was a threat and a justl.
. cation lor Dr. Garrison's taking his lilu.
. The defendant went upon the stand,
, and I doubt if it was a merciful provision
of tbe law that allowed him to go
, unon the stand. I propose to show by
hu own evidence that ho is guilty of
ranrder In tho first degree, with delilerV
, ulon, premeditation, malice aforoV
thought and vicious intent, lie has
said that Dr. Baird said, "I hereby serve
you with notice of what you may oxpact."
Kolv, I doubt that, because the
preponderance of evidence is that it did
not take place. Were not tho friends of
both , parties there? Would they not
have heard it if it had lieen made?
Were any threats mado by Dr.
Baird evor communicated to Dr. Garrit
son' Did Dr. Baird over make a threat
r , to Dr. Garrison? Ifo, sirs; he simply
contented himself with the acts of cnil"
dron. Ho was afraid of Dr. Gavrison,
and ho would ride past lilm and hurl
one of those epithets at him and rash
oat of reach.
Tim vomi Amf ima fit* nnnnrtnnitv
presented ftself Dr. Garrison killed Pr.
j Baird. Dr. Garrison said upon the
tand tliat William Travis, Clark llanos
and Alexander Frew had told him
that Dr. Baird had threatened his life
and would kill him. Captain Dovoncr
wanted to know why theso men, who
?< were summonod, were not placed upon
)? the stand.
AH JXTEBKUFTIOS.
Colonel Arnett was appealed to by
Captnin Dovener to say why theso witnesses
wero not placed upon the stand,
and the Colonel rose to answer him.
He said that any lawyer knows that
these men can not he put upon the
stand to supplement the evidence of a
witness unless the other side offered to
contradict it. Jir. Howard rose and objected
to the interruption, and asked
the court to see that it did not occur
again.
Captain Dovener said lie wanted 110
objection to the interruption, and that
he would be glad to be interrupted
whenever be wan at fault or misstated
tho evidence or any proposition of law.
Colonel Arnott made his explanation,
ahd Captain Dovener .resumed. He said
that the defense might have placed
those witnesses upon the stand without
opposition.
why did Dr. Garrison leave that car
at Eleventh street instead of getting off
at the alley if lie wanted to avoid Dr.
Baird? '." why did he not leave the car
whenhe was"transferredatTonth street,
and was within half a squaro of the
market house, if he was on the errand
to the market house, as lie said ho was ?
If It was not his fell purpose to meet
Dr. Baird and slay him, why did he go
down Eleventh street?
He surely knew that Dr. Baird was
there, for he had been coming there for
a month to visit a patient, and he had
been calling there three times a day for
a week or more. If he was trying to '
avoid him why did ho not take the
south side of the street or go on down
Main street. Is it the part of a coward
or is it the duty of a good citizen to 1
ayoid a conflict? The court will instruct
you that no man has tho right to seek a
conflict. A man who knows and feols
that there is danger of attack must not
go where he believes there is danger of
being attacked. Captain Dovener then :
IP look up the case of Kain, referred to by
Colonel Arnett the day before, and react
that where there is a contest and both
i : purtiqs.nre at fault, the one who claims
self defense as a justification, must retreat
as far as it is possible before he
can use weapons ana take life in self
defense.
r , REASONABLE CAtfSE FOR FEAR.
; If the person claiming self defense is
not in fault, and feels that groat bodily
harm is imminent, he must avoid that
attack if possible.
V ? *-? J!J TT?
j- j ' jjr..uarrx8on uiu uuu uu uiuk, uo
tarns the corner, and sees Dr. Baird
stooging over the hitch ring, about to
: tie his horse. Is Dr. Baird in a position
f**-. of hostility? Dr. Garrison walks on
and draws his glove, unbuttons his overcoat
and puts his undercoat in position
so that he may reach his pistol readilv,
as ho has so graphically described. lie
places himself in a position of armed
; / , resistance the minute he sees Dr. Baird.
He goes on down street, and as he
i passes Dr. Baird he is called one of
I these names. He passes on and says
he heard Dr. Baird following him.
Did he hear Dr. Baird following him?
Dr. Baird was going in the other direction,
and Baker, tho witness brought
here from Cameron, says ho had taken
thro# Steps to the wesf, while Dr.'Gnrv
rison was going to tho east. Dr. Garrison
turned, and coming back, mot Dr.
I Baird, and said, "You must tako that
back." Dr. Baird said ho would tako
nothing back, and tho fatal shot was
sent crashing through the vital parts of
that old man's body. He asked him :
again if he would take it back, and flrcd
the second shot.
Captain Dovener then took out the
clothing that Dr. Baird wore on that
.1 morning. He held tho heavy Overcoat
showing tho upporoutside pockct to the
was the first that was ever hoard
of the motion to the lappcl of the coat. :
That was the origination of the theory
of the defense that Dr. Bnird made a
motion to his lappel. When this doth- j
ln<? wn* nho'.vn to tho iurv in the taking
J. of'estimony, Col. Ariiett buttoned up
the coat and seeing the pocket in the 1
outside conceived the idea that the
defendant thould sat tint the motion
toward tho pocket was his ground for
itis act.
J BAK*n'? TESTIMONY. ,
Captain Doverier then took tho pistol
that Dr. Garrison had mod and, holding '
I it in position, pulled the trigger several
times, showing the kind of a pistol it is.
i)r. Garrison said ho fired the shots in
quick succession. Bakor, tho witness
for the defeDse, says that ho stopped
between the shots and a few words were
said.
l)r. Garrison says Dr. Bnird was following
him, and Sir. Sommnrvillo ?av?
that Witness Baker said Dr. Baird was
J just stooping out of a depression in the
pavement, and that that depression was
a gutter in the pavement below Mrs.
door. Now the denression ro
ferred to must have been a iilaco about
throe feet from the hitching ring.
TVlion the gas post was put in tho pavement
was dug up and rolahl, and it
sunk, making a depression.
Capt. Dovener then furnished tho
t- memoers of tho jury with photographs
v, ' showing the place and read from tho
stenographer's report to show that
!' Baker's testimony reforrcd to tho depression
at tho gas post and not tho deprossion
below Mrs. Knight's dour.
I Baker took about throe stops and made
oue short stop out of th.it depression
after the first snot was flred. Dr. GarS
riaon said ho heard Dr. Baird walk,
ing behind him and that he turned
v and found him facing him. Those
pieces of testimony do not tally with
each other.
I. D. Prager, tho dot'enso says, could
not seo Br. Baird while ho was standing
in his door. Mr. Prager was standing
with a customer at tho door, looking towatd
lieymann's corner. He was not
; looking in tho direction of the hitch
ring nor where Dr. Baird and Dr. Gar
rison wore. Ho heard the shots, and
instead of turning and looking in tho
directibn whonco tho shota came, ho
ran to the door to open it and go out.
He did not have time to open the door
till fir. Buird was theto and had his
hand upon tho" Enob. ""Coultf* ho have
come the distance from below Mrs.
Knight's door in the time it took Mr.
Pragor to put his hand upon tho knob?
At this point court adjourned till 2
p. m.
THE AFTlCItNOOX SESSJOX.
Cnptnln DoTorncr1! Argument Concluded,
Tho RlggcHt Audience tlmt Ever Was In
the Building;.
What Captain Dovoner lacked in the
morning in tno way 01 a crowaea court
room was more than mado up (or by
the immense1 auilience that greeted him
in the afternoon. Col. Araett had a
packed liouso on Monday, but it wag
hardly to be compared with the throng
that surged and swayed through the
aisles and into the-bar yesterday afternoon.
Every available inch of space in
the court room was filled and it would
have been next to impossible to have
put another person into the room.
Captain Dovener began his address
at a lew minutes after two o'clock. Ho
had spent the entire looming discussing
the evidence that: the: defense had adduced.
He almost finished that part of
the argument before dinnerand had but
oue or two points to consider when he
resumed.
Ho took up the statement of Sir. PommcrvJllo
that it had not been shown in
evidence that the ball had entered Dr.
Baird'a head at the ear,.aiid that the
ball might have gono in at the eye.
This, Captain Dovener said, was not for
the good of the defendant. If it went
in at tho eye, it was the moro discreditable
to liirn, and if it entered at tho
ear it was theshotof an assassin. He then
took up the spectacles to show that the
ball did outer tho ear. Had tho ball
crashed through the loft glass, the
broken glass would have boen crushed
into the wound, and it would, have been
easily shown. One witness said he saw
tho eye drop out upon tho pavement.
That boy, Laing, told tho truth as ho
saw it. Though it was not tho eye, it
was the spectacles that dropped to tho
pavement" and lay there till picked up
by a pnssor-by an hour later. Everything
goes to'show that .Mr. Sommerville
has not tho evidenco to back up
his argument that the ball penetrated
Dr. Bnird's head" from the front.
Captain Dovener then took up Colonel
Arnett's touching reference to Dr. Garrison's
boy, and contrasted against it
one of Dr. Baird's children .waiting all
day for her father to come home.
'l'hese things, ho said, have no business
in this case. He yrould prefer to
come to the facts that belong to the enso,
and which aro pertinent to it and tho
decision of it. lie referrod to tho instance
of Dr. Garrison and General
Caldwell meeting Dr. Baird near
Shaffer's store. Mr. Caldwell had not
rnn away because ho feared that Dr.
Baird would commit any assault or overt
net, but because he was ashamed to be
seen by his uncle with tho man who had
been so ungracious toward his former
friend. He did not skulk away because
he feared Dr. Baird would shoot Dr.
Garrison on the spot, and because ho
did not want to be a witness in the case,
as the defense would have tho jury believe.
DR. BAIRD'S PISTOL.
Concerning Dr. Baird's pistol Captain
Dovener said it was carried, not for a
murdofous ptirpoeo, .but that he might
protect himself when ho was out on
missions of mercy, alleviating pain and
ministering to the sick. Dr. Baird was
called at all hours of the day and night,
ni\d he answered all such calls.
Concerning Mr. Beans's testimony ho
on?/-! \fr Hmmo wofl ft. tpiiuf?*H fripnd of
Dr. Garrifon anil had Jia occasion to
como into'court ttfdrotefhpt to swear
his life apvay. Dr. -Garrison broached
tlio subject "to Mr. Beans and said he
was fixed for him, or would fix him or
kill him. Did he not do all three? Did
he not fix for him, did he not fix him,
and did he not kill him? What name
answered the question who? No name
in God's world but Dr. Gcorgo Baird.
Mr. Beans, with uplifted hand, has
sworn, aiid ho is entitled to all belief,
that Dr. Garrison did not precodo these
threats by any promiso that he would
do these things if he was offered bodily
harm or personal violence. Nono-of
these were used by Dr. Garrison. He
simply had a deep seated resentment
and had decided to kill Dr. Baird.
William I'eo told tho jury that Dr.
Garrison (node tho same sort of threat's.
Ho said l>r. Baird would call him theso
names once too often, and that would
end the old fool. Did ho not on Market
street do these things. Dr. Baird drove
past in a trot and called Dr. Garrison
one of these names. Dr. Garrison told
you ho was fixed for him at that time,
iind Mr. Hadlich, who was present, tells
you that Dr. Garrison made a movemont
that illustrates that he intended to fix
hint. As soon as tho epithet was offered
he dropped his lines and reached for his
deadly wuopon, then in his pocket, and
whirl! was afterward the cause of all his
Irnnlila nnft I v t llO niO.'inS of SCIld?
ing Dr. Baird into eternity unprepared.
Do yon suppose if Dr. Baird had
wheeled and Wood lacing him when he
applied that name, that he would not
have shot the life out of him.' Dr. Garrison
had studied over his purpose to
tommit this crimo and had lost sleep
podoring over the best moans of accomplishing
that eud.
OS Tnn ZVENTFDL DAV.
On tho morning of tho tragody Dr.
Garrison came down town, and leaving
Ihe ciir at Eleventh street, turned down,
rho State claims that he saw Dr Baird
asho camo,around tho corner of Stoltze
& Bayha's stofe, and walking down to
the alley waited till Dr. Baird came up.
Leonard Gorkstettor's evidence was read
from tho stenographer's report to substantiate
that position. Uerkstetter's
testimony was that ho met Dr. Baird
near Kolbltzer's coming toward Main
street. Gorkstotter was walking in tho
name direction and was talking with
I>r. Baird as thoy wont along. Ho said
Dr. Garrison was standing at the alley,
and as Dr. Uaird'cnmo up Dr. Garrison
Bpoke to him, and that Dr. Baird answered
him. Dr. Baird then drovo up
to the hitching ring at the paper store
and pot out anil said he would take
nothing back, whereupon Dr. Garrison
commenced shooting.
Minnie Marshall was then cited. She
had said she! saw Dr. Garrison going
west toward Main street from below tho
alloy, and that she saw him aftor the
shooting go back down Eleventh street.
Captain Dovener said tlvit upon the
evidence of Minnie Marshall and Leonard
Uerkstottcr, tho Stato will rest its
case or let it fail. Minnie Marshall and
Leonard Gorketctterboth told the truth
and there has been no impeachment
offered against them.
HA.VnS AT SIMM.
Colonel Arnett has complained that
these witnesses all said Dr. Baird's
hands were at his sides. How, if they
saw his hands at his sides, eonlcl
they say anything else? If they had
said anything else they would have
been telling what was not true. Captain
Dovener here t >ol; up the evidence
of the witnesses who saw tho second
(hot fired. Tho evidence of all these
was that tho shots were not fired in
quick succession as Dr. Garrison had
said. Eddie Briggs heard the first shot
and jnmped off a, wagon on which he
was riding and went back and saw tho
second shot. William elites was in tho
back part of tho third story of Emsheimcr's
store. Ho heard th'e first shot
and ran to the window ond saw tho second
shot fired. Ncff Laing heard the
first shot and hurried across tho room
and saw the second shot. Mr. Genther
was at work in the window of his store.
He heard the first shot and rising up
saw tho second shot fired.
Tho evidence of the Slate's witnesses
was reviewed, one at a time, till Lottio
Walton was readied. Thero has been
an intimation on the part of the defense
that this witness hud been coached.
Coaching, if it bo for tho purpose of
setting at tho truth and discovering tho
knowledge of a witness, is not wrong
nor improper. Why should an intelligent
young lady, who hid no interest in coming
horo to perjure herself against this
man, need coaching? If there was any
improper coaching, those wlio did it are
guilty of subornation of perjury, and
tho witness, if she did not tell tho
truth, has committed perjury, and the
defense should have shown it. But she
simply told a straightforward story,
which bears out tho story of Minmo
Marshall and that of Leonard Gcrk-;
stotter. She saw Dr. Baird drive tip in
his buggy and stop at tho hitching ring
and begin to tio the horse. She saw
Dr. Garrison come up from down street
and begin a conversation with Dr.
Baird, and in a very little bit draw his
pistol and shoot him twice.
The other witnesses who saw tho
shooting had all told about the same
stories. They all tallied perfectly with
Lottie Walton's statement, and Captain
Dovener reviewed them briefly.
MB. DAKEn'8 TESTIMONY.
"A great deal of weight has been
placed upon the evidence of J. E. Baker
by the defense. You all remember
Baker. Ac's the man who was brought
in from Cameron to testify in this case."
Captain Dovener then went on to review
the testimony of Mr. Baker and the witnesses
who wero brought irom Cameron
to impeach his testimony.
The trip of Dr. Garrison from the
Bcone of the shooting down to Market
street was brought up for consideration.
Captain Dovener said there was a dill'crence
between the stories of Dr. Garrison
and his own witnesses as to what was 1
done on that trip. Dr. Garrison said ho
had not stopped to speak to anyone, but !
that John Holt had held out his' blind 1
and asked him a question. Sir. 'Dunlovey
and Mr. Kreiter said they saw him
from above the corner of Dusch & Gaus's
saloon, and that bo had not been spoken
to by anyone. John Armstrong says ho I
stopped Dr. Garrison and talked with
him. Dr. Garrison said he did not. John
Holt says that they did talk together for
an appreciable length of time. Those '
who saw this say that it took place at
different places. That does not weaken
the testimony. It simply shows thnt
these men remembered ft differently,
but the great paramount fact remains
that he did stop and did talk to John
Armstrong.
Concerning Dr. Garrison's character,
Capt. Dooener said there wnsinoFHing
to bo said against it. Days wore epent
taking evldonce to show that Dr. Garrison
had been a reputablo and law-abiding
citiien in tho places where he had
lived. This vras entirely unnecessary,
for the law presumes him to be a man
of good character, and tho State has no
right to question that charncK r. sDoes
any man suppose that the fac. thai) ho
was a man of good character woulflliuve
any thing to do with this act?
GOOD CHARACTER CMMIJUW.
Daniel E, Sickles was a member of
congress, an ex-minister to Spain, a
valliant genoral in tho army in tho defense
of his country. Ho killed a man
and waa arraigned the samd as any
other man. lie was tried by aiju/rwiil
acquitted, not because ho waa a man of
good character, but because the evidence
showed he was justified.
Dr. Webster was tho head of a collego
and one of tho leading educators in the
country. Ho conceived a deadly hatred
against Dr. Parker and murdered him
and actually cremated the body. No
.'1 ---- . ?:.i
woru xiuu ever Dtjcu sum iiguiunu?mm
and no breath of suspicion had .ever 1
been breathed about him. Hd was con- '
victed of the crime and hanged, and '
his previous good character had no !
bearing upon tne result. He was guilty 1
and he was made to suffer the penalty. 1
Captain Dovencr closed with a few '
words concerning the sunken gravo of !
Dr. Baird, not yet three mdnthriold, j
and unmarked bj| any stone. jHHtSked f
the jury to take into consideration the ;
sorrow and anguish tho act Of the
defendant had causod and to weigh it '
against any sentiment they might feci ;
in tho case. Captain Dovener closed :
a few minutes before the clock struck i
four. . 1
Court then adjourned till 7:30 p.m. J
at which time it was intended tojehargo
the jury and turn the case over to them.
Captain Dovener's speech was very 1
well received and contained strong 1
argument* on his side of the case. It '
was listened to with attention not only !
by tho jury but tho audience as well. 1
THE FIRST NIGHT SE98IO.V. . 1
Tho Instruction* Given to tho Jury, and
thnfc Body Spends nn Hour in Dolibcrnlion.
'
Sheriff Steenrod called court to order i
at exactly 8 o'clock. It was not oxpected 1
that there would be many pconlo who
would wait for tho instructions to the
jury, but tho house had almost as many
people in it at the timo court opened as
thero had been at any time during the
days when tho arguments were being
made. Tho aisles wero crowded and
every seat was occupied. Inside the bur
was the same throng of Indies which
had crowded that spneo during the
afternoon. There woro many working
people who could not ho on hand during
the day who took that opportunity to
cot a glimpse at the prisoner and tho
Jury.
Colonel Arnett rose and rend tha instructions
for the defenso that the court
had allowed as follows:
Till! INSTRUCTIONS.
1. The jury aro instructed that in
felony cases tliey aro tho judges of tho
law and tho eviaonce.
J52. The jury aro instructed that it is
the dutv of tho State to provo tho guilt
of tho defendant beyond all I rensonublo
doubt, and if tho jury have any such
doubt as to tho defendant's guilt they
will find him not guilty.
3. If the jury belicvo from the evidence
that the "defendant, without fault
himself, while walking along the street,
was assailed with insulting words, with
throats of doatl^accompanied by a hostile
demonstration by Dr. Baird?the
deceased?under such circumstanccs as
to furnish reasonable ground for apprehending
a design to take away his life
or do him Eome great bodily harm, and
there reasonable ground for believing
the danger imminent, that such design
would be'accomplished, and that
Dr. Garrison, tho defendant, had reasonable
ground to believe and did beliove
such a danger to be imminent, tjfen you
are instructed that Dr. Garrooa. the f"
.) ': .'.'i.. '. i . : '. : A'.-' v v '
defendant, had the right to act upon
?uch appearances, and, without retreating,
kill Dr. 13alrd, the deceased, if he
had reasonable grounds to believe and
did believe that such killing was necessary
in order to avoid theapparcnt danger,
The killing, under such circurnstdncet,
is' excusable, although it may
afterwards turn out that tne appearances
were false, and that there was, in
fact, neither design to do him pomo serious
injury, nor danger that it would
be done. Of all this the jury must
jodge from all tho ovidenccs and circumstances
of the case.
4. In 6uch case as to tho imminency
of'tlie'dhhger which threatened the defendant,
and tho necessity of the killing
in tho first instance, lie is the judge,
lie acts at his peril, as tho jury must
pass upon his action in tho premise?,
."I tlio iliii'.Kii].
Iicnilij^ DiliU miiunn i^uut uiv uv>vuu
ant's standpoint at the time of the killing;
and if tho jury believo from nil tho
facts and circumstances in the case that
the prisoner, Dr. Garrison, hud rensouablee
rounds to believe, and did believe,
the danger imminent, and that the killing
was necessary to preserve his own
life, or'ti protect him from great bodily
harm, he is excusable for using a deadly
weapon in his defense; otherwise he is
not.
5. Ifthejury believe from the evidcnco
that Dr. Garrison?tho defendant?was,
on tlio 7th day of March, ISill, without
fault on his part, attacked by the deceased
with insulting words, threats anil
hostile demonstrations in such manner
and under such circumstanccs as to
furnish reasonable grounds for apprehending
r. design to take his
life or do him some great bodily harm,
and there were reasonable grounds
for believing the danger imminent, that
such design would be accomplished,and
that Dr. Garrison had reasonableground
to believe and did believe such danger
was imminent, then Dr. Garrison was
not bound to retreat. He had a right
to act upon such appearances and to kill
Dr. Bnird if ho had reasonable grounds
to believe and did believo that such killing
u-ns necessary in order to avoid tho
apparent danger.
0. The Court instructs tho jury that
the J an' presumes every person charged
nith crime to he innocent, and unless
(he jury arosatislicd beyond all rersonnblc
doubt of the guilt of Dr. Garrison
they will find him not guilty..
7. Tho jury are instructed that in
criminal cases neither a preponderance
of evidence, nor any weight of prejioniernnt
evidence is sufficient to justify a
verdict against the defendant, unless' it
generate a full belief of his guilt to tho
axclusion of all reasonable doubt. And
if tho jury after considering all the evidence
as proved on both sides, and all
the circumstances as shown in evidence
have any such doubt of the defendant's
guilt, they will find the dctendant not
guilty.
8. The jury are instructed that while
it is true that previous threats and acts
of hostility will not justify a person in
socking and slaying his adversary, yet
It is their duty to consider such previous
Ihreats and acts of hostility in connection
with similar threats and acls of
hostility, if any, at the time of the killing
of the defendant together with all
the other circumstances of the ease; for
it is tho duty of each juror, in determining
whether or not tho defendant
B'fls cxcusablo, to put himulf in the place
>/ the defendant, so that he may ho able
to ascertain whether the defendant was
icting under an honest belief that it was
necessary at the time to take the life of
tho deceased in order to save his own,
mil whether there was reasonable cause
io excite this apprehension.
n(L But the jury lire instructed further
iliat if in tbcir opinion, there is a substantial
conflict ot the evidence or cirjumstances
as to whether the killing
ivas done in self-defense, (and the cirnimstances
or other evidence preponderate
in favor of self-defense), or if the
jvidence is equally balanced as to the
killing being done in self-defense, the
[ury ought not to convict of either
mirder or 'manslaughter.
' lO.'Tho'jury are instructed that the
Bnding of an indictment by the grand
iury is not to bo considered by tliein as
my evidence of the defendant's guilt,
inci that, unless they believe from tbe
:videnco before them beyond all rcasonIblo
doubt that ho is guilty, they will
icquit him.
11. Tlio court instructs the jury that
rfio law presumes tho defendant iimo:ent
of the offense charged in the indictment
ami of all lesser offenses ?njluded
therein until his guilt is proven
by the evidence in this caso beyond all
reasonable doubt; and this presumption
af innocence is not a mere form, to be
disregarded by 'V iury at pleasure; but
it iB an essent'*], su ?tantial part of the
law of tho lanu, .....i binding on the jury
in this case; audit is tho duty of the
iury to givo tho dofendant in this caso
iho full bcnolltof this presumption and
to acquit him unless they feel compelled
to find him guilty of the'ofTenso charged
in the indictment or somo lesser offenso
included therein by tho law and evidence
in the caso convincing them of
his guilt beyond all reasonable doubt.
12. Tho jury aro instructed that if
there is any one single fact proved to the
satisfaction of the jury, by a preponderMico
of the evidence, which is inconsistjnt
with the guilt of tho defendant, this
is sufficient to raiso a reasonable doubt,
ind the jury should acquit the defendin
t.
18. The Jury are instructed that thev
?re the sole judges of tho facts in this
caso, and of the credit to be given to the
respective witnesses who have testified,
ind in passing upon tho credibility of
such witnesses, they have a right to
take into consideration their prejudices,
motives or feelings of revenge, if any
such have been proven or shown by the
evidence in this caso; and if the jury
believe from the evidence that any witnMBlA^
mitnniiaM Imvn knnu'infflv find
wilfully testified falseiy as to any material
tact or point in this case, the jury are at
liberty, unless corroborated by other
credible evidence, to disregard the testimony
of such witness or witnesses in
Wn.
14. The jury are instructed that before
they can flnc'l the defendant guilty as
charged in the indictment, they must
believo from tho evidence, beyond a
reasonable doubt, that tho killing of Dr,
Baird was willful, deliberato and premeditated.
15. A reasonable doubt is that state of
the case which after a full comparison
md consideration of all the evidence,
both for tlio Stato and the defendant,
leaves tho minds of the jury in that condition
that thoy can not say that they
..in . nKill i nir (nitli nniAitntillff tn n
Lwi ?u "1' .
aioml certaintv, (mm (no evidence in
tho case, that tfio defendant is guilty of
tho charge laid in the indictment. If
ron have such a doubt?if your conviction
of the defendant's euilt as laid in
tho indictment does ' not amount to a
moral coriainty from the evidence in
the rose?then tho court instructs you
that you must acquit the defendant."
lO.'The Court instructs the jury that
upon the trial of n criminal cause, if a
reasonable doubt of anv facts necessary
to convict tho accused is raised in the
minds of the jury by the evidence itself
jr by the ingenuity of counsel upon any
hypothesis reasonably consistent with
the evidence, that doubt is decisive in
favor of the defendant's aqiiittal.
17. A verdict of not guilty means no
more thsn this: That the guilt of the
!"i?.?;[Cton^inuni on Third 1'age.]
'v v'. i* . . . , u-t i
I WHEELING INSTALMENT CO.-FURNITURErE^^^ I
34 Each, Cash or Credit
osr
SIX FOOT SOLID OAK
Extension Tables.
41- QIV1&
Oak or Walnut Finished Chain
f $2.50
This Week Only. House Furnishings on Easy Payments.
A Large Assortment of Baby Carriages.
Wheeling Instalment Co,
1136 TO 1140 MARKET STEEET.
JOS. H. MoArdle, Monnger.
SILK AND DRESSGOODS FOR SALE.
RIGHT GOODS
At Right Prices! Stocksforsale30
shares Junction Iron Compnny.
ft share* I'eabody Insurance Company.
Wo do not believe in celling yon a Calieo Drew }{[ AfiJHJ?*';*
Pattern at 10 ccnt* 1cm tbnu cost and charge you jjjjjjj gjJJ j[nihf?v ComnV. r1 r
510 for a pair of *5 Lace Curtains. Quite a differ- JO shares nSu Mill! P 5'
eUWe do not advertise goods at less than ccat, IS shares Dollar Saving* Bunk, lldlalre,
but offer you the following: my2?i Broker, No.?T&B?L
100 Pieces Good Dress Gingham at.Q Cents. gTEIKWAY
150 Hecea Good Dark Prints at Jccnti + p^o FOR SHLB. t
75 ricctlrij Lawn at 0 Ccnu. . ~vt nAVB A_
STEI N WAY PIANO,
1 J ! , Ql I for" Good as New, which wo Offer at a Itatjili
vJ \J **' O 1 l?i JS- .pis r.w. mtiimum
AND FINE?' JpOIt 'SALE.
Dress Goods Stock GOOD BlilLDING STONE. |
, Delivered any place In tho city llmltioniia
was never 10 complete fis at present. We notice. For price, lniuiro at
offer some Bargains in this department.
. WEST WOOD^S BRICK YARD,
BARGAINS IN BLACK SILK. TpOK SALE. ~ I
Drapery Netting, Something Very Pretty, at LARGE LOT
r* r\ (* corner) Market and Twenty-fourth streeta; ??
\J V-/ sirable for manufacturing site.
BLACK BILK GRENADFXE8 IN BEST VALUES SEVEN ACRES
AKI> LOWEST PRICE near Elm Grovo; derimbto to|wtajtp
dec ; . 'lano Market iirek
LROE GURTRINS. jg*iAuu*AiML*u*oAwv.
no? ?nt Containing thirty-four acrea, rich Mil. poi
on tfom aaenunu ?rthat? Improvement*, fine orchard of choice fruit.p?
on them accounta tor that. dwelling houw and good barn. SituatedeloMti
St. Clalravillo, Belmont county, Ohio. Cbe^
Egger, Warrick & Co., ,ol iMumnw??a^Sa,
1132 Main Street. pOR SALE.
SUMMER FABR4CS.* 60 share* Wheeling Pottery stock.
" Kicii / amh nroiDADi c 4 Bond*, $1,000 each. Wheeling Stool Workt
NEW AND DESIRABLE M 8hare8 of Ice and Storage Itock.
20 sharea Hobbs Glaaa stock.
f* TI 1 10 shares Commercial Bank.
Vnmmop Lnhpinp
ulllMui idlllluu,
COMMISSIONERS1 SALE.
j. s, rhodes & co. landsalei
CHOICE STYLES Speolal Commlssloner'sSaleofUid
on the West Virginia Central BallT
1\T pv T A C I T 1/ C way.?A Valuable Property.-Safl
[ [ NJ [_) [ /\ O 1 1_< f\. O to be Made at Davis. TuokorCounty.
W. Va? on May 27,1891.
At Less Tbnn Regular Price*.
Plain Colored India Silk at 311-4c DavldGllcbrlst, etui.,Plaintiffs, )
Plain Colored India Silk at 60c vs. V In Chance^
Plain Colorcdt Kegular $1 Grade at 85a Chas.Bc*wlck, etal., Defendants.)
! Puiimhut to tho authority vested in mbytj#
?? _ nsit decreMofthe Circuit Court of Tuckercountr.w.
Hew Wasn SllKS, Vtt- 1,11110 rtb?Yo ?tyl??d cause, the UN rwiM
" ' at tho November terra, WOO, tlie i.wud n-.x-H
New All Wool French Challles,
New French Organdies, day, in front of the ''lilackwatcr flotol" in 11
n, , m. town of Davis, Tucker county. W. V?.. prow
New Pineapple Tissues, ? ?"
New Chantong Pongees,
Plain and Fane; Grenadines. and three' fourths acres, and the fix-teuthJjjB
one-half thereof which it Is proj?o'e?l to?
i . wouia contain an area or nuoui i.wow
J ft T>1 1 O fi Terms or Sale:?$12,000 cash on <lnr ot
I' IBhnnnn \J 0 ' fi 0,1,1 f?r ,ho n?lduo ui>on a credit <<one m?J
\ HnnnRsXr i n
. u. MUuUiJlx UU.
- bccnpATd in full. The Meat VJorlnh <**
diidi tr- CAI rc Railway runs through this Innd for*'!Df J"
PUBLIC SALES. gjx mjJcg between the towns of !
n a t\t n i n 111m tT I t t titt t amu Hendricks, nuil the truct extends '''"i,., , 3
30 PLEASANT VALLEY LOTS,
Porter Farm and Coal, SMSffiafi! ^$"$2
,T bc?t timbered tracts ol lmd In tteV-~-f
with Mich variolic* M spruce, : '
"PTT"RT iTO RAT |TT1 ehenarrfoplar, Imh. Ac..Ac. unr ??,
^ -CjJ?IJ_V^ O-Ci?I?l_Ej. thetfJlM arc undcrlnid will) f
coiil which are being *0 cxlenrtv"]? ?
ItoBeri Anderson, Administrator,") Thomas and Cokeum hy Seiiut.'r iw. . ,
rt. [in Chancery. ?n>. anil It is Mid ?|k>ii what l< M?'r.
William Porter's bclrs and others. I good authority, that there are WW; j.
In pursuance of a decree made on the lMli day V?LTmio'ofthe'tract canTw wen in r?K"J
ol April. 1M1. by the Circuit Court forOhlncoun- KSmKSner mSSu at hi- ufc " ' i
tyln tliealwve entitled caUH!, the undcrslfned r?? >1 thaMid land ivlltt>":: '.
aVlnlcd special commissioner <ortbopurpo?
will on uriveaiam land Is bolleved to be pcrlecil*' !'? ' , I
SATURDAY, .1 AY28,18D1, particular. Should the jum r , a
commencing nt 0:80 o'clock a. in., on the prem- holding the pnrt of said Innd purHm < i . ^
lee*, sel 1 at public m!o to the highest bidder, the as a Joint owner with tho rmrti<- ^
William Porter farm, located on the National residue thereof, lie, at a trilling ^
road, about three miles east ofWheellng.com* havo his part laid oil" to him in M U; :,r i;|
prising 106 acres and four perches. get his lull share according t" ''"'"i, ;'rd
The property has been sub divided Into parcels quality. Paid commissioner- rKrv ' ; J
consisting of fii acres and 37 perches of hill land to resell said land at once lu ease term-* ^
and 30 line building lots, some fronting on the are not complied with.
.National road, and all larfto and linely located, ' w. n.
being from half an acre to nearly an acre in area. A. H. PAKM
These parcels will bo sold separately. For their H. II. IXA'l >
boundaries, rcfcrcncc is made to the papers in HAN.MIiAi- ' '[
the above entitled cause, and especially to the Special louum??1 ~
plats filed therewith. A plat showing the thirty
lots above mentioned is recorded in the office of state or West Virginia.
the Clerk of tho County Court. , Tt.?w c, a*
The Wheeling vein of coal under the hill land, Circuit Court Clerk's ofllco of rut kc
which Is oftho finest quality, with the right to to*wit: , # , .. ,.rt
mine the same, and the opening, chuto and I. C. W. Mincar, clerk of the mh?i
.entry thereto as the same now are, will be sold tlfy that the above named *Pcr,M.i(| ,' . ' I
separately or with tho surface as may bo fouud Parsons, Maxwell, Forbes an?i \
most advantageous. given bond ami security fn tn?- ,! ,*?
Terms or 8ai.e:? One-third of the purchase as required by decree of bale cinema
money and such further sura as the purchaser cause. . . iMh<W*
may elect In hand, the balance in equal Install- Given nndor my hand this tnc
menta at one and two years from tho day of sale, April. 1891. tl, , < rjA,
the purchaser giving bon<l for the deferred in- ap27 C.V. M'
stallments, wllh approved security, said bonds ' "
to bear Interest from date, and the title to bo re- r. otu t N ETC.
talned until the purchase money Is paid In full
andacouTeyance directed^the wurt. "IT7"ANNA>IAKEK A
Specisa&JmXloSir. VV HERETO ABE W IT" ^
J. C. lltnvry, Auctioneer. Tfl'O TIIOUSASD SPHIX*1
I hereby certlly that bond and security has for Gents' Bulls and Uniform- f : 2
been bIvcn iw icqulred by la*, by W. P. Huh- and stlla We lead the ivorM ','
i?i i 8I?ccial commissioner In the above on- an teed. One-thir?l ?avingl"
titled cause. ??? ?
JOIIN W, MTTCIIELL. ? Vi/imFl I
A*ntt iScrk C,rcult Ohio County. J* M *1KB,
April 22,1TOI. #l& fe26 Corner Twontl?'h ni.'l
The rale of the hill lan<l and fourteen of the firitarttniF FOR
lota mentioned ebore 1*adjourned until BUJJaCKi'ir.'
THE WEEKLY INTELLI6EEJ|
W. P. 1IJ3BARD, r. _?oirB, .1
Ejwcja) Commlaloiwr. $1 OO PER VES ' I
' 4 -S"'.