Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-03-27
A NEW TRIAL
Granted Van B. Baker by Judge Boyd,
Yesterday.
FULL TEXT OF THE DECISION.
Probable Change Of Venue to this
County.
SCENES AADNCIDEEfS OF THE DAY.

i Van B. Baker is to get Q new trial The
motion made by his counsel to this effect
was decided afirmatively by Judge Boyd,
at New Cumberland yesterday morning,
aud the prisoner is thereby given another
chance before the Law, with considerably
enhanced advantage to himself by reason
Of new and material evidence to be ad-
duced. The decision reached by Judge
Boyd, while distastefnl to many of
the people of..HsneOck county, was upheld
in every particular by the large number of
attorneys present at the Hancock Court
House, yesterday, and after the adjourn
ment of Court, amid the harsh criticisms
Of those who have clamored for Bakers life
ever since the terrible double tragedy,
there could be heard many words Of COM
mendation for the Judge upon the bench,
who had the courage to make a righteous
decision in the face of 4 marked and freely
eNprssed public opinion uniayorable to the
prisoner.
Ii should be borne in mind that the de-
cisiOn made by Judge Boyd, yesterday,
does not touch the merits of the case at
all. 1t has no bearing whatever..on Bakers
guilt or innocence. The decision rests
entirely upon technical points lying with
L or, l,a Of hA
nection with the double murder at the
Cove, and cannot affect the final result ex-
eept as sffording the defense an oppor-
tunity to introduce the new evidence late
ly put at their command.
THE PRISONER
was taken from the jail in this city few
minutes after o'clock in the morning by
Deputy Sheriff Campbell, OF Hancock, and
escorted to the Pewiky train at the foot of
Eleventh street. He vas neatly dressed in
a cutaWay coat, check trowsers and dicer
hat, and wore a silk mutfler about his neck.
| His fur oyercOat WAS thrown over his
shoulders, and fastened in front by a sin
gle button, and his hands, fastened to-
gether by hand-cutfJ, were encased in kid
gloves OF q dark shade. His looks have
altered but little since his confinement in
the Jail here, and he seemed thoroughly
selfsatisfed and at his ease. Entering the
smoking ear OF the train, he cordially
greeted the representative of the REGISTER,
accepting morning paper, aud was soon
deeply interested its columns. The news
paper man, Col. w. w. Arnett, of the
prisoners counsel, and the deputy sheriff
lighted cigars, not offering a weed to
Baker, who had given up smoking two
months ago. The prisoner shifted the to.
bacco for time, and then, the tempta-
ton proving too much for him, hs asked
for a cigtr, with laugh at not being
able TO hold out. No circum-
stance of moment occurred until Wells
burg was reached There crowd of sixty
or seventy-6ve people were awaiting the
arrival of the train, in the hope of catching
glimpse of the prisoner. As the engine
came to a stop
THE MINIATURE MOB
ID on board the cars, and ascertain
ing the one occupied by Baker, were soon
croTdipg the aisle and staring at hia with
slyeSeir eyes, The scrutiny of the people
did not please Baker, and he gave vent to
his objections in way which called forth
a low-voieed caution from his counsel. As
the train passed Holidays Cove there was
great rush on the part of the passengers
| 10 obtain q glimpse of the house where
the double. murder was committed, and
Baker strained his neck along with the
rest, keeping the little cottage In sight as
long as possible.
There was tremendous crowd about the
depot at New Cumberland when the train
pulled in shortly after nine o'clock, but
there was no manifestation of any sort on
the part Of the crowd beyond pardonable
eagerness to see the familiar figure OF the
convicted man. he was hurried from the
cars and taken directly to the Court House,
whittier the crowd followed as fast as pos
sible.
AT THE COURT HOUSE.
Baker entered the Court room at $50
O'Clock, in the custody of Deputy Sheriff
Campbell, and took his seat at the table 10
the left of the Court. About him were
grouped his counsel, Messrs. ]. NJ. Cook,
of Steubenville, J. r BraddOck, of Wells
burg, John NJ. Donohoe, of Fairview, and
| Col. W. W. Arnett, OF this city. w. ID.
Moore Of Pittsburg, also of counsel for the
prisoner, was not present. He missed
trsin at Steubenville and had to lie over.
OF the attorneys for the State, Prosecuting
Attorney W. J. Huffand James G. Marshall
wee present EX Gov. John A. Hutchin-
son, Of Parkersburg, and Mr.. McSweeney
wers absent. Near Baker, and between
him and the Judges bench, sat Bakers
two sons, William and Msrcellus, deeply
interested spectators of what was going
on. Court was convened Immediately
after Baker had taken his seat, and busi-
ness vas commenced After making orders
in tia causes Of R9lstOn Y. Ralston and
Hood :. Grimes, Judge Boyd said:
THE DECISION.
"Thenext matter to he disposed of Is the |
motion 6r q new trial in the case of the |
State V. Van B. Baker. l shall read from |
no bOoks gentlemen, because / presume,
by reason Of the very full aud exhaustive
arguments of counsel, made at the last |
term of Court, all are familiar with the
laws of West Virginia upon the subject.
These srgument occupied several days,
and the points atissus were very thorough
ly discussed. lave simply made few
memoranda IS reference TO certain points
made by counsel kr the defense as to why
the motion for a nav trial should prevail.
The defendants e,unsel have assigned
seventeen points n to why new trial
should be granted. Twill pass over most of
them, and will take 70 ths allegations of
misconduct on the par Ofthe jury, for the
reason that on this gro nd greater stress
was laid By counsel thsl on any of the