The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1888-10-24
VAN BAKERS OWN STORY
OF the Murder of his Wife and
Mother-in-Law
FINISHED AT WELLsBURG.
SIerclless Cross Examination by Mr.
Mcswccny, but the Prisoner Re-
mains Cool under 1t all.
Sticks to his old Tale.

At Wellsburg yesterday in the Baker
murder trial most OF the day was occu-
pied by the cross-examination Of Van
Baker, the defendant. On Monday af-
ternoon, in his direct testimony, the
prisoner accounted for the spots on his
clothing, alleged by the experts to be
blood spots, by saying they'were caused
by iron rust from the floor OF the cell in
which he was confined after his arrest.
The balance OF his evidence did not diff
fer materially from that given in his
first examination. He was cross-exam-
ined by Mcsweeney.
A long discussion occurred between
counsel regarding whether McSweeney's
style OF cross.eXamination was accord
ing to the proper methods. Mr.. Nc
Sweeney said he was willing to be gov
erned by the decision OF the court. =.
The court said that counsel might ask
him il he had testified so and so and il
the witness was shown the paper from
which he was reading. That he was in
effect introducing paper in evidence
without allowing the other side to see
contents OF paper or offer any objection
to its introduction.
Baker detailed at length the transac-
ton with the strange men who called at
the house to rent the stable-up to the
point where one OF them offered fifty
dollar bill. He said: One OF the men
was very laxative, one ordinarily so,
and one never spoke at all; when we
came back to the house my wife spoke,
and said, II suppose you are ready to
nay some money" two OF the men
made motion to pay, one more demon
strative than the other; one OF them
pulled out roll OF money and ran off a
fifty dollar bill; he said "can you change
a fifty dollar bill?" thought It was bluff
ing and said, "yes, sir, think l can; !"
either took the bill in my hand or laid it
on my lap; think ! was sitting and my
wife looked over my shoulder; was
either standing or sitting, am not sure
which.
Q.-You have said that you told them
the bill was good. How carefully did
you examine that bill.
Add not examine it long; could
tell as much about it in few seconds
inspection us an hours. Can't tell what
position Mrs. McWha was in at that
time; heard her in the room; would in
ferthat she was near the kitchen door
never saw her lying down on the floor;
don't think l ever gave any different
account from this; it must have been the
same in substance; / might have said at
former trial that my wife asked me il
the bill was good when it was handed to
her.
Mr.. Cook objected on the ground that
Mr.. McSweeney was reading from a
paper.
out here" To the COURT claim that |
have a perfect right to refresh my MEM
DRY by any paper which choose. The
memory OF man is finite, and make no
concealment Of the fact that / refresh my
memory with the stenographer's notes
orany other memoranda which | possess.
Mr.. Cook said there was no reason why
Mr.. McSweeny should parade his fair
ness here. Mr.. NcSweeny uses the fact
that he possesses thestenographer's notes
to influence this jury by asking the wit
ness II he did not swear SO and so. Who
knows whether the reading was done
correctly or not?
The Court-The counsel has right to
use his notes, stenograpic or otherwise,
but he ought not to hold up his notes
before the witness in a threatening man
ner., Many attorneys do use notes and
the court may not inquire what notes he
uses.
The part of the question in which it
was assumed that witness memory was
clearer and fresher at former trial was
ordered stricken from the question.
The cross examination continued for
some time, but nothing OF particular in
terest was developed.