The New York herald., 1874-07-09
WAS HE IDENTIFIED2"
The Jury I'm the Trial OF william,
Baker Disagree and Do Not Find q
Verdict-The Poll Ntur IN Thra>

The Jury I'm the Trial OF william
Baker Disagree and Do Not Find .
Verdict-The Poll Ninc to Three.
Again the Court OF General Sessions was filed in
fair defiance OF the burning heat as on the previous
day, and the neighborhood OF the open windows
which looked into the City Hail Park and were
shaaowed dimy by the scant foliage
were haunted with the pcrspiring ofricials
and lawyers who frequent the court.
Every man strove for breath Of air
and even Judge sutherland seemed as If he were
boiling but good na,uredly, for the learned Judge
does occasionally indulge IN joke. The case OF
william Baker, the coored man who was charged
with outraging the little Italian girl. Emilia Bad
innolli, was resumed yesterday morning at eleven
O'Clock. large crowd had gathered to wit
ness the scene and it would seem that there
is morbid feeling IN the breasts OF many to gaze
op the progress OF criminal case, ana they will
crowd into court room ana struggle for
places though the thermometer may be at blood
heat. The victim OF the outrage, little sall0w-
faced girl, wearing black dress. with a rose at
her waist and having piercing black eyes, with
her back hair braided in small braids, with her
little friend Celeste ALI, who was dressed
ike Emilia, IN the small box by the door
reserved for females, halt dozen OF
sweiIerna @ IN their anery. The prisoner was
placed before the bar, very decent looking col
sS nd @ yoVS w aaa
straw hat and had light features, sat beside her
husband and seemed 10 be very devoted to him by
action ami expression Inside OF the bar Assistant
District Attorney Allen sat, his whole face OBJ
scured by an immense pair Of spectacles,
counsel Ior the defence, Mr.. A. s. Humme sat by
the SIDE OF the prisoner who alternately whispered
with his counsel ana then looked steadfastly at
the Jury with a brave courage Tor an accused man.
The odds were really tremendous against the un-
fortunate man and many persons IN the crowded
court who watched his pdemeanor whispered to
eacn other that he did not look like nor act like
a guilty man.
Graham, of No. 1+4 West Twenty-frst street, who
ascended the stand and impressed every one OF
the jury by her good lace and ladylike manner
She came to restity, 1t was understood, that
William Baker, the prisoner, had been at her res
idence doing some work on the day before the
was to come to her residence and
have some money pad him for his work. This
have been given for the prisoner but IL was ruled
out. Baker had stated when on the stand that at
the moment he was arrested he was on ais way to
Mrs. Graham's to receive his money, and II was
strong point ior the defence to get this ladys tes
tnonv IN; he next witness called was man
stand IN the neighborhood OF Spring. and
Which, which the fseci crime was committed he cnaDged
dollar bill for the prisoner At about half past nine
ten O'Clock. All the testimony for the prosecu-
-
No 3s Amity street, az about half past nine O'Clock
OF the morning and the witnesses for the defence
his Statements. Then, for rebuttal. Mr: Allen
called Tor the prosecution the little giIis
Es saa ao S1s Snrn on h SasH Of the
prisoners neck. Alter TINS MIR. Abraham s. Hum
mel summed, up iE very able manner for the
to the TACT that the entire evidence
against the prisoner rested rested upon upon what
to and that he did not believe that tney were
guilty oil perjury, but that negroes all looked alike
to cnilaren and then cited several authorities to
slow tnat the evidence Of children, whose I'm
aoination was likely to be worked upon, and who
We're subject TO the control OF older persons,
should be received with extreme caution. The
fate OF the prisoner hung upon their verdict
and that OF his wife and child and he, therefore,
begged of them to he cautious IN case which he
beneved TO be nothing more than one Of mistaken
Identity.
summed up brieny tor the prosecution, after when
Judge Sutherland charged the jury, and when
that body OF men lett the box they seemed rather
overwhelmed II not stupehed by the evidence,
summing up and charge. At hali-past five O'CLOCK
after q long and weary waiting and discussion OF
three hours and a half they. came back less
satisfied with themselves than when they went out.
During the whole long hot day, with not breath
OF air. the brave wife Of the accused sat in the
would not desert ner post. She had no food
from an early hour In the morning, and
mer. Sometimes her head ielI forward
from sheer fatigue and all this time her husband,
Towards lour O'Clock this woman, adhering TO him
through good and evil report, went out-or. rather,
stole QUITO get some reireshment for Baker. and
procured him sandwich, which sne HANDED
through the bars and which he ate eagerly.
When the jury came In his vile was nearly faint.
Ing, ana as they stood up they were p0led. They
had disagreed There were nine 1or conviction and
three l0r acquttaI. The wife Of Baker watched
them every one with her eyes almost bursting from
their sockets, and when 1t was announced tnat
they had disagreed she said to Counsellor Hum
mel:-
''Thank God, they did not ind him guity-justce
Is 50 very, very hard to find IN this world.n
Counsellor Hummel Immediately asked that the
prisoner should be bailed but District Attorney
Allen objected On the ground that he had learned
OF some new evidence.
Judge Sutherland refused the request.
And Jhus has ended the first trial OF william
Baker, one OF the most curious In its relation to.
the question OF mistaken Identity ever tried in a
criminal court Of this cIty.