Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1888-04-08
GOES 70 BROOKE
A Change Of Venue Granted by Judge Jacob
in the Baker Case.
FHE STATE AID DEFENSE SATISFIED.
The Cause to Come on at WsllSburg at the
June Term Of Court
DISAPPOINTMENT UP TN HANCOCK.

There has been q change of venue grant
ed BY the Hancock County Circuit Court
in the case of the State V. Van B. Baker,
but the cause will not be reheard In this
county, as was the desire expressed in the
application Of the defe1se for a removal.
Judge Jacob disposed Of the motion about
three o'clock yesterday afternoon, and
named Brooke county as the scene Of the
retrial of the cause, much to the disap-
pointment of many of the citizens Of Han
cock county in general, and Of New Cum
berland in particular, but equally to the
satisfaction of the attorneys for the defense
and quite q number Of citizens as well,
who have held, since the molten for a re-
hearing was granted, that the chances
were much against q fair and impartial
trial in Hancock. The counsel for tie
State also express their satisfaction with
the decision of the Court, holding that it
is a virtual victory for them, inasmuch a.
the preference of the defense for Ohio
county was ignored by the Court.
The REGISTER yesterday outlined the
situation at the Court House pending the
determination Of the motion. The last Of
the thirty-fve witnesses for the defense
were examined during yesterday morning,
they setting forth the facts in regard to
matters Of prejudice, preconceived opinion.
&C., existing in the minds of the
citizens Of the county generally,
and which would initiate against
the prisoner in any rehearing Of
the case. As opposed to these, the State
submitted q number of sffidavits, in which,
however, there was little or nothing TO
offset the allegations of the defense, the
statements being mainly opinions TO the
effect that the prisoner could be afforded a
fair and impartial trial In Hancock county.
Shortly after three o'clock the reading Of
these afidavits was concluded, ana then,
counsel on both sides agreeing to submit
the matter TO the Court without argument,
Judge Jacob made his decision.
There had been a good deal of feeling on
the part of citizens Of Hancock county that
q removal of the cause would be q serious
reflection upon the ability of the citizens
of that portion of the State TO accord a
criminal affair hearing, and would be a
virtual chargeBthat malice and the pas
sions aroused by the terrible murder at the
Cove had completely blinded the eyes Of
the people to all sense Of Justice and right.
Judge Jacob referred to this feeling in
making his decision, and took pains
TO counteract the impression which
had become prevalent. He said
the very fact that there was
deep feeling upon the part Of the people Of
Hancock county wa a proof of their re-
6nement and deep-seated sense Of right
and propriety, for the horror excited by
the commission Of q crime was always in
direct ratio to the intelligence of the citi-
z4ns of the community in which it occur
red. In permitting the removal OF the
cause to another county, there was no re-
Election upon the people. The motion was
granted simply because the facts set forth
in the evidence of the witnesses summoned
In support Of the motion by the defence
had not been refutcd by the State. The
witnesses for the defense made statements
which had not been shaken by the affidav-
it's Of the other side, and the matter
would have to be determined very largely
upon that ground. The Court then read
the pertinent portion Of the Wormly case,
in tenth Grattan, and after reviewing the
legal aspects of the matter, formally de-
cided the motion, and assigned the case
to Brooke county, as has been stated.
The prisoner, Baker, was brought back
to this city last night, and will remain in
confinement in the Ohio county Jail until
the June term of the Brooke Circuit Court
comes around. After the decision of the
court, Baker expressed himself as well
satisied with the situation, and seemed to
think his recent spell of good luck would
hold out TO the end.