New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-11

~ BoSt sssaled him. The daxue'eStypN, w
we .s.inS \ Isrre proportions he ssked ~ho Ia
y 49, nan Who has ,ucA forbearaoce" Others, VINO
40 known him fom bOyhOod, speak OF nim as
.Ssr,sble. One calls him q gentleman, aroibeI
ssscsnahsr. Ca the other hand there nae .h nUs
80 a man bronght 10 dsprove tis. ls thslc
-. The slghtest evidence going 70 OF
.,sye what have asserted. In that in'ervisw wlt9
bs,t he developed his real character he addressed
hviPost . friend Of Poole who sai1 Morrlseey was
s~.rd Baker had the courage to raise his voice and
az ~ III, ,riend that he was pot coward Wnen
s,s.iIsd with fcul.mouthed language he laughed and
aid II don't wan TO fight you When ae was sc-
su,ed Of carving pistol hessd he did II for bis own
.,stsetor. and when called liar he said nothing.
hen dared to fight he did not care about getting into
S;6cuty Brewer said that Baker reproach- hun for
Allowing Poole Post and Hotefng to beat the hasons
Who we're not fighting men, Then /, was he made that
sArsst which was I" If be Poole attacks me, Ill
shsot Iim like a rat have heard thst threat made
Nv better mer-that if they were attacked by bully
sSey would defend To- mselves. If there wss man
Hvg who would no. he would be recresnt to fis man
bod But that threat one of an assassin or was
net II threat that he would all the means In self
defense which nature or accident had paced 10
his power V6IdevoOr, stranger 70 BAKER,
undertakes TO keep up by his testimony this broken
down prosecution. Vandervoort WAS a reporter,
talking fellsw, very yOluble fellow, and WAC when
asked on the stand if he said such thing, said
quickly that if be did he had lied" From that bis
shAsct cen be Judged. Wander WORT was looking
M reports and he found one-he copied BAKERS ress-
nation. II ] were looking up q man to GET astory
made up, I would go 10 a newspaper reporter whose
lege prscice qualified him for the wosk. From his
testimony II would appesr that in January, rben ne
copied Bakers resignation, atboug1 stranger 70
Baker having never spoken TO him before, and never
Aayipe be Introduced at ALL Baker came 10 him ard
Voluntarily disclosed 10 bewspaper repoIe, he IN
tptjon 10 assassin ate Poole. IL that hhey ! II he
mt pded 10 assassnate Poole would be unoosom hi
ali 10 a stranger and much less reporter WAC woud
be eager to publish the facts TO the world Mr. Bell
psd that Baker remarks on that occasion reterref u
Al. ~ IL If
fhe Poole and Hyer gang, and hat the remark Sss OF
his intention TO defeGd himself from their assault
There are hired assassins Outsie this case wa nave
been hunting up testimony in order o conVic' BiSeI
or set q disagreement of the Jury Inns m@n VAC VAC
had got this item said that Baker said hs he w0ulo
have revenge or "sstisfaction.' But wh7n CUES
TONED - 10 which said be could not reoolec MS
reeoee.o is 20 bad that s it OF doubtful w9et9er
Baker used other expression M t pe S d;t uot
mean 10 express il in the classic verDaculsr OF toe
grest ease6) 10 have his head made into potoi
What has been said The other side az Ainst
Bsier's character Parker, who was spoken OF as
polcemsn when he was introduced, turned out 70
have been bar keeper OF Pooes, and heeler also,
and was the dock when Poole and bis friends were
kicking Morrssey, and all he testified to was, that
Bal CT was a mischiefmaker and that ne ludgeu 30
because Baker attempted to make mischief between
him Parker snd the officials and hls evidence old
not stand the wreck long enough to be KNOCKED GOWN
for with the consent Of the prosecution, the Court
struck il from the record Capt. Durham pouce'
man put on the stand He judged Baker was dgat.
Ing because OF nB dsrOCidtep' AHe' 90 |
be the foundation of evidence as TO character VI
character q man must judge from person entlfe NE,
ard the circumstances connected tnere"lu. Duu-
ham does not pretend TO judge OF MS characteT rom
what pt ople say but from his associations lie saw |
Dsker in The same crowd pulliDg and naming, ana In
which be saw Capt Turnbu, police ca otan also en-
gagged. If you Judge of his character 6y Dunhams
evidence you have greater sagscity than have Bat
there Ia further evdence the introduction OF the te5t
Hooy of the ARRAY a. Patts Saloon, thought IL was
dsrsceful in prosecutor to not rely upon the merits
of TIE one case without dragging in another. never
vet knew the man whose life had been pure enough
- be tried at for all the ofsnses of bis lifs The
design was 10 introduce that circumstance at the end
Of the case, aid induce some gentleman OF the Jury,
who mig far forget himself as TO judge the merits
of one by the merits Of the other. That wes the
last desperate effort of the prosecution, and the facts
are now only half before tie Jury, and hsd hardly
and Turner folio we'd him, while Baker ssys Hyer |
followed them. Hyer had pistols, and Baker aud
Tuner slso had pistols. Hyer the bold and fearless,
half full Of liquor and he half full of Liquor when
on the stand Hyer swore that when he hao IarheI
ever the box Baker had pistol and struck him over
the head with it. Did Baker kill him lie cGulu
certainly have shot him if he wished. Ana "nsn
Hyer turned Policeman, and ised Bakers crava.
abou. his neck Baker told him TO stop or he wou1 cut
him, and because he did not, he took out nis knne
and cut Hyers fingers. But. the opIecs " p 1ar~
ducine this testimony WAS to show tkat BAKER
knew Turner, which was entirely suPeIhuous,
and that Turner a desperate character, VINO
drew pistol on Hyer B9t nov ots.o 0am sO Dd
not the others who were witnesses The Court pro-
hbited us from disprovipg the facts asserted by bNe
and said that YOU must know the fact only oat BAKER
and Turner were there, without assuming that either
one party or the other were right or wrong make
the most of Hyers testimony, Baker was only ainlng
Turner in repeng the assault IL has no. peeh proVeu
that Baker was ever assaultng any man. that ne
had used abusive language that he lost the self respect
of o gentleman. When the Gem affair took pace,
Poole-Poole that peaceful man, that quiet man wno
was druDk-sad to Mccain that he could take
him" and when Mclean said, You hadn't better ug
I" IT, Won may not like il so well" Poole says Let
" VI have shake up want to'-and McCann says;
81 will, but remember you have brought 1t on. AND
this was the man who said: die a true American;
and the processio, which followed his funeral num-
bered its thousands. Shsffer told Baker at the Gem
10 look ont for Poole down stairs that he was drunk
Baker calmly told him that be would not harm
anybody IL nobody harmed hin. Baker came
down minding bis own business, and Poole
came TO him: Z" Ha, he says " you carry
"pstol for me, DO you 7" and immediately he com.
nenced violent assault p,n Baker, and Baker, fsoi
That he was did not his pistol, and as the result
was 90 mutated that he could scarcely be recognized
II would have been happy circumstance if Baker
had then shot down ths miscresnt who attacking
him-he would have done service TO community
and If he then had used this pistol, would any jury
have failed TO Justify him in his course Now let
Though do moi synpsthize with the community in
his loss, do sympsthize with his widow and orphan
and rothsg but Justice TO the living md nduce
70 tear from before you the vail to show the character
of the dead. Now what was Poole He is before you
In two characters. He was man OF bad character.
Eng to show that Baker hated Poole. He told Mark
Mcguire that Poole had been kind to him and he
DESTROYS of having all difficulties reconoiled.
Poole was In many respects remarkable man.