Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-06-07
CONTINUED.
rHSBAKBR MURDER TRIAL 10 BEDRLAYgD
FOUR MONTHS
Judvs J,oOS Grants tie Motion Of the Defense for q
Delay, for the Rsasos' Presented
Y@.srday.

The Baker murder trial. up sc Wells
burv came to a sudden stop yesterday
morning, Judge Jacob grsnting the mo-
tion Of the defense for q continuance.
The case will now come up on the second
Mopday in October, the sth. The decis-
ion Of the Court was based upon the affida-
Wit filed by the attorneys for the defense
late Tuesday afternoon, the substance of it
being given in yesterdays REGISTER. The
rssl Doint in the whole matter was the
onsstion Of whether or not the defense had
used due diligence in endeayoring to Sc
enre the attendance Of the Ohio witnesses.
The Court thought every reasonable effort
had been made and granted the motion.
There wss a fair attendance Of specta-
tors AZ the Wellsburg Court House when
Conrt WAS opened yesterday morning. All
,hs counsel were in their places, but many
of the spectators acquainted with the legal
s;tustion had very serious doubts that the
trial would be allowed to proceed.
After some outside matters had received
the attention of the Court, the prisoner
vas ordered brought into the court room,
ard in a few moments he appeared, &C
comnanied by his son and daughter. The
ARGUMENTS upon the motion for q con-
rnnance were then resumed. Mr.. Brown
aid he hal every assurance that at least
ona or two of the Ohio witnesses would be
ON hand, and read telegram IRON one of
the sbsentees, soying that he would come
Ubsn peeded. This brought forth the re-
tori from the defense that Mr. Browns
statement was not an answer for them.
Thair affidavit set forth the facts. Mr..
Broddock supplemented this by saying
their witnesses we're very widely scattered
over three States, and one Of them, Mr..
UobroG, could not be located anywhere.
His evidence Was Of the most vital impor.
rance to their case. The came thing was
trpsin the case of witness Miss Mcconnell.
Her whereabouts were being kept q pro-
foupd secret By her relatives and friends.
The defense had sent to her parents, but
they refused to say where she WAS.
The counsel on each side here got into n
wrangle over the witnesses, during which
a re- ark from Mr.. Hutchinson brought
ont the reply from SIr. Braddoek that in
nusndces that the defense had not used due
diligence were highly improper in the
presence Of the panel OF jurors summoned.
Addressing the Court at length upon the
nendiug motion, Mr.. Hutchinson said the
Coprt or no one else could depend upon
verbal agreements from witnesses to at
tend. Toe Court does not sit here to de-
mend on verbal promises. ls is the mis-
fortune of the prisoner that he cannot have
Nonresident witnesses brought here. The
State cannot agree to bring their witnesses
here. Such "a agreement would be good
grounds for setting aside verdict. As to
the witness Miss Mcdonnell, by whom they
expect to show the prisoner bought a
ticket for the west at 4 certain day, We will
admit what they expect to prove by her.
Mr.. Huffasked Mr.. Braddock when they
expected to be able to procure the attend
ance of these witnesses.
Mr.. BraddoCk replied: 81 do not know"
Mr.. Huft-Do you ever expect to have
them present?
Mr.. BraddocG-I do not know, sir.
Continuing, Mr. Bradtoek said that they
could not be iaducsd to come into q Court
of Justice TO give any evidence which
would benefit the prisoner.
Judge jacob said the granting Of con-
tinuance was within the discretion Of the
Court, and proceeded 10 review the facts.
He said the testimony of the absent wit
nesses had been taken by the stenogrspher.
The counsel tor State refused TO let this he
used. They refused 10 take dispositions
during the trial and they gave no reason
for it, and the only conclusion to be arriv-
ed at is that they do Lot want the evidence
to 90 in, and theref. re il was Of Importance.
The only question was whether the attor-
ueys had made ali due diligence. They
presented aifidavits to show they had
The laws OF the State guaranteed to every
man fair and impartial trial, and with
these facts in view, what would be the
ruling of q higher COurtP There can be
scarcely any question as to the result. The
affidavits filed by the attorneys for the de-
Tense set forth that the prisoner himself
could not prevail upon witnesses to at
tend. OF course this is ture, in view oil
the affidavits, and the motion must pre-
vail.
The decision of the Court was received
with great satisfaction by the defense, but
with some manifestations of dlsapproVai
by the people of Wellsburg, while IN Han
cock county there is said to be great dissat-
isfsetion.
Baker was brought down to this city last
evening by the Sheriff of Brooke and one oil
his deputies, and was again placed in his
old quarters in our Jail. He Is much
.l.,n,A M tho hnlnu nncnrdad him.