Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1888-10-19
THE BAKER TRIAL.

When the Brooke County Circuit Court
convened yesterday, Mr.. insolvency, of
counsel for the State, asked to be allowed
TO make further argument on the quss-
ton Of the admission of DR.. McKennan's
expert testimony, regarding the stains on
defendants trousers. Judge Jacob said
he was unwilling to bear any further argu-
ment, that having closed the previous dsy,
but he was willing to hear citation Of the
authorities for future reference.
Mr.. insolvency thereuron proceeded to
read from decisions bssIiug on the point
in dispute, the eist of which is that tie
State has the right to take clothing or
Others goods fiom prisoner to be used in
evidence against him in criminal pr,cetd
inps. They can go: take his money, ss
that would deprive him Of his means OF
defense--
In one case he cited, q prisoner was re-
quired to show his arm TO Jury, and thus
expose certain tattoo marks to be used in
evidence against him. This the courts de-
cided c,u'd not be legally done. but so
far az clothing was concerned the decisions
he Quoted went 10 show that there was
nothing to prevent it.
He further quoted law points showing
wherein burglars compelled to give up
their tools, and counterfsiters their diss,
etc, were thus giving what might be con-
strued as evidence against themselves
In another case decided in New York
state, Mr. McSweeney read from the re-
ports Of q case, wherein q man on charge
Of a crime was acquitted because there
was 70 scar upon his foot, made by step
ping upon draw knife. 1t was case OF
mistaken identity. One OF the witnesses
vas SURE the criminal had scar on his
foot, which had been made by stepping on
draw knife. The prisoner exhib tod his
foot to the jury, and the result was that
he was Immediately cleared. Would any
one say that this prisoner should not ba
re emitted to give evidence in favor Of him.
self.
Ia the case Of an iucendiary in Maine
the reports show that the Courts decided
il was relevant to sdmit testimony TO show
there wa, kerosene on tn, shit of the pris-
ouer, the fire having been started with that
article.
"Suppose." said Mr.. McSEeeney, "a
murder has b:eo committed in the street
10 the dark, but not far from lamp. Al
officer arrests m IN near at hand on sus-
picion, and says to him, Tome with me to
this lamp want to see il there is God
on YOUR clothing. The prifoner Glands
upon his privilege as he may understand it
a. guaranteed in the Constitution, and
SAYS No, sir; will not 60. Ifyou want
me to 20 to that light You must carry me-
Thereupon the officer carries that man to
the light and f nds him covered with BIO I'd.
Will any one say that fact she'll not be
used in evidences against that man,
The Court took the auth ,rities, and the
drst witness of the day, Mrs. DAM Nc
Cloud. YVES called. She had gone to tie
house on the afterr IN of the day the MUIR
der was discoy cred, and assisted in laying
nut the bodies The bodies ware go rigid
,he could hardly handle them. She said
the contents of all the BUREAU drawers
ware tossed about, with the single excsp.
ton of the drawer containing tho clothing
of Mrs Bakers desd baby. She described
the wounds, condition of cl)thirg, tbs
habits of the people, etc. As to Mrs Nc
Wha's habits, she said. ia reply 10 the
the questions:
"What was the old lads's habits as t,
taking a nap after dinner"
"She slways did She always laid on
the floor. / never saw her lay any place
else than on the fo,r. II was always
after dinner wien she took these nap,
Alwsys between l and 2 0'c'ock. Some
times she would take cushion and put
under her head. She always took hsr
teeth out when she went to sleep. She
always put them in her pocket"
"Would you know the teeth if you saw
them?"
Eyes. I think would"
Teeth taken cut of the pocket of Mrs.
McWha's dress and shown the witness.
sara these tie same teeth?"
81 think they are"
Witness saw Baker sf er he came from
the West. She said:-
"He asked ma if 1 had gone 70 house.
ke epiog. l eaid had not. l was living
at nv fathers. He said he would Ike to
see Dan, my husband. They could 60
West snd get divorce for S25 apiece
l replied, Perhaps you might get the two
for $25' Mr. Baker farther said: I have
b;eu trying to persuade tn, women down
at the house that there was some place to
live besides that gravel bank
Dr. Morris WAS recalled, and was sub
jec e 4 to long examination ~ to the ns-
lure Of the wounds, etc. He said the cap
was tied on Mrs. Bakers head very tight
and wrong side cut.
Gould you say that the wounds male
on the bodies were before or after death?"
ayes, sir"
"Were these wounds made h,f,re or
after death?"
"TheJe were made on tie living b,dy."
Character Of wounds on living and dead
bodies desc -ibed by the doctor as the result
of bis examination.
'Describe the wounds made the heads
in these respects"
Those made by the bolt, think, were
made bs'ore death; those with the axe,
think, were made af,er9 ard"