The Wheeling Daily Intelligencer

TO THE JURY TO-DAY
The Testimony in the Garrison Trial nearly All in:
THE DEFENDANT GROWS WARM
And Accuses a Witness of Trying to Influence the Jury by his Behavior.
An Attempt to Prove that the Defendant's Testimony differed From that at the Former Trial.

Only one or two witnesses remain to be examined, and before dinner to-day the arguments in the Garrison trial will begin. The third trial has occupied but little time, in proportion to that taken up by each of the two former trials. The evidence has been mainly the same, with slight variations not calculated to alter the issue.

Dr. Garrison, the defendant, took the stand when court opened in the morning. His story was the same as told on the former trials. He told about the fight in the gas office, and the threats that Dr. Baird made at that time, and told of the warnings to look out for Dr. Baird that his friends repeatedly told him of. He said that he lived in fear that Dr. Baird would carry out his threats. He detailed his movements the morning of the killing March 7, 1891. As he turned coat on Eleventh street he saw Dr. Baird standing at his buggy, reaching into it for the hitching strap. He drew his hat down over his eyes, pulled off his right glove, put his hand into his right hand overcoat pocket, where his pistol was, and walked past Dr. Baird. The latter called him a s-of a -, and he passed on. Dr. Baird followed him, still calling the epithets, and the defendant turned around and told him to take back what he had said. Dr. Baird replied that he would take nothing back, and threatened to blow Dr. Garrison's head off at the same time making a motion with his hand toward the upper side pockets of his overcoat, Dr. Garrison immediately drew his weapon and fired.

TWO SHOTS IN QUICK SUCCESSION.

He stopped a moment and saw Dr. Baird walk toward Prager's paper store. The defendant walked on down Eleventh street, and near the corner of Market street met Mr. C. W. Kreiter and Mr. I. H. Dunlevy. He had a short conversation with them, and walked on down Market and gave himself up to Officer West. The defendant denied having spoken to John Armstrong on that occasion, or at any time during his life. He also denied having threatened Dr. Baird in the manner testified by Witnesses Beans, Bocking and Fee.

Asked as to the relations existing between him and the last named witness, the defendant "jumped" on Mr. W. C. Beans, the city editor of the Register and said that he did not think he was his friend, as he had sat at the reporters' table and laughed at the evidence presented by the defense. The defendant said that Mr. Beans's behavior was calculated to have an effect upon the jury unfavorable to the defendant, as is—

The cross examination by Captain Devoner occupied several hours, and the witness was closely pressed, Captain Devoner endeavoring to show that his testimony differed in some particulars from that given on the former trial.

The evidence of Henry Fisher, who testified at the second trial, was read, as Fisher himself could not be found. The testimony was full of inconsistencies and impossibilities.

Deputy Sheriff Garden was put on the stand to tell about his efforts to serve a subpoena on Mrs. Jennie Usselton, the woman who was summoned to contradict John Armstrong, and to whom, Armstrong admitted on the witness stand, he had given such information as would lead her to absent herself from the witness stand. The state objected to Mr. Garden's being allowed to testify, and the court sustained the objection.

To rebut Dr. Garrison's statement that Edmund Bocking was ill at the time the conversation occurred between him and Dr. Garrison, when Dr. Garrison was said TO HAVE THREATENED DR. BAIRD, the state called Dr. Wilson, but the defense objected and the objection was sustained by the court.

Dr. Reed Baird testified that his father, during his life, was afraid of dogs, and had carried a pistol to protect himself from them. He identified the pistol shown as like the one his father had carried.

Mr. Beans was called to rebut Dr. Garrison's charge that he was inimical to the defendant, but the defense objected and the witness was not allowed to answer

Stenographer Matthews testified to the correctness of a transcript of his notes of Dr. Garrison's testimony at the first trial, where the defendant said that when he first saw Dr. Baird that morning on Eleventh street, he threw his coat and overcoat open.

Attorney General Alfred C. Caldwell testified that he had never, on any occasion, asked Dr. Garrison if he went armed.

John Koch was called by the defense to disprove Mr. Caldwell's testimony, but the objection raised by the state was sustained.

Court will reopen at 9 o'clock this morning, and the case will be given to the jury in the evening.