The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1888-06-06
BAKERS SECOND TRIAL.
A Motion for a Continuance
Made by the Defense.
A DAY WASTED IN MOTIONS.
The Prisoners Son and Daughter in
the Court Room With Him--un.
certainty as to Whether the
Case VIII Proceed Now.

n ptAAg Nuo hbAVt anu tiiAt Nuo sAlAi "s
weiisburg Yesterday in the trial OF Van
Buren, Baker for the murder OF his wiie's
mother, Mrs. Drusilla McWha, at their
home at Holidays Cove, Hancoc!: coun-
ty, on May o, 1887. Though MB. Baker
was killed at the same time, and, as al
legged, by Baker also, the case now on trial
and which was tried at New Cumberland
before, involves only the killing of the
old lady. The murder OF Mrs. Baker
forms a separate charge, for which Baker
was separately indicted; but that case
will scarcely reach trial, for the reason
that a conviction on the one charge
would have all the effect OF u conviction
on both, and II the accused is acquitted
of the one charge the same evidence
would scarcely convict him of the other.
This is his second trial. On the former
one at New Cumberland he was con-
victed, but Judge Boyd, before whom
the trial took place, gave him new trial
on account of misconduct on the part OF
the jurors. In addition to this change
Of venue was granted to Brooke county,
where the case was called yesterday be-
fore Judge Jacob.
The court house is not roomy struc-
ture and the crowd attracted by curios-
ity, with the sixty men summoned as
jurors, quickly filled it to overlooking.
Since the last trial of the case, Prose
cutting Attorney Hervey, OF Brooke, has
been added to the array OF able counsel
on the side of the State, mainly, no
doubt, because OF his experienced judg-
ment regarding jurors and the like,
though 1t is said he is an able lawyer
and an addition to any galaxy Of talent.
Yesterday he and young Mr.. Brown, Of
the counsel for the prosecution, found
themselves alone. McSweeney, OF
Wooster, Ohio, Hutchinson, Of Parkers-
burg, Marshall, Of Hancock County, and
even Prosecutor Huff, OF that county,
failed TO put in an appearance for some
reason, much to the embarrassment OF
the two young men OF the defense, Col.
Moore, OF Pittsburgh, Mr.. DonehoO, Of
Fairview, Braddock OF Wellsburg, and
Arnett, OF Wheeling, were all present,
and Mr., Cooke, of Steubenville, arrived
in the forenoon, At the request OF the
prosecution the opening of the case
was postponed till 1880 p. III. to wait for
reinforcements, and the missing lawyers
showed up at that time, except MIR.
Hutchinson, who arrived little later.
Baker was his own nonchalant self.
He slapped acquaintance on the back
and chatted with his lawyers as il he
were only spectator.
Col. Moore was very anxious that the
record should be complete and right.
The case will course go to the Supreme
Court OF Appeals, and no resort will be
neglected by the defense. One thing is
yer noticeable. There is striking
lack OF the heated denunCiation OF the
prisoner which was 80 freely heard ut
New Cumberland in the progress OF the
former trial.
Col. Moore ut one time demanded
bill OF particulars, stating the time at or
about which the murder was committed,
but after moments whispered consul
tation, he withdrew this demand.
Just after court Ind taken recess,
strikingly pretty girl, apparently sixteen
or seventeen years old, neatly and sim
ply clad in green costume. and with
flush OF excitement on her cheeks which
heightened the lustre OF her dark eyes,
hastened into the court house, and adj
dressing Sheriff Brown, preferred some
request. Tho Sheriff went into the
court room, but came back and said:
"He has gone"
The girl was Bakers daughter, Flora.
She was taken around to the county jail
in the rear OF the court house; land the
meeting with her father Is described as
very affecting.
At the afternoon session Miss Flora
and her brother, "Stell" Baker, both sat
in the court room. The young lady was
accompanied by another Of her own age,
and divided with her father the atten-
ton Of the crowd of men which crowded
the room almost to sutl'oCation.
Upon reassembling, Mr.. Braddock, on
behalf of the defense, stated that impor-
tant Witnesses who lived in Ohio and
could not be compelled to attend, but
who had attended the GoEmer trial and
were therefore supposed to be willing to
attend this one, had declined to come.
The State WINS asked to permit their
former testimony to be treated us dep.
osition, but refused, and after some dis
cussion and another wait for Mr..
Hutchinson, the defense modified its
request and asked the prosecution to
consent to take the dispositions in Ohio
during the progress OF the tripl. Col.
Arnett suggested that the attorneys on
both sides were numerous enough to
make it possible to do this. The State
refused.
Then time was asked by the defense
to prepare an affidavit on which to base
motion for continuance. An hour
was given and an hourand Il half taken;
ut the end OF which time the counsel for
the State held that the affidavit present.
ed was not sufficient. Pending this
issue, the courtadj ourned till this morn
ing at 0 o'clock.
1t WINS the opinion OF some attorneys
that the State, rather than submit to a
continuance, would waive its objections
to the introduction OF u transcript OF the
former testimony, but others suggested
that il this was the aim OF the defense,
they must be disappointed. There is a
general expectation that the trial will
proceed this morning.
In the discussion it was developed
that one important witness for the de-
tense, German labOrer, had died since
the last trial from injuries received by
railroad accident near Pittsburgh,
When Baker was taken from here
to Wellsburg Monday night, according
to the Herald, it was not generally
known the prisoner would be brought
up on that train, bpt the word was cir
cuiated within square or two, and
quite q large crowd was in waitingwhep
the train came in. Baker stepped light !
ly from the car, wearing about the style
Of clothes in which he went through the
first trial, and looking about the same.
He wore his conventional black kid
gloves, with the handouts over them.
Three Of his counsel, Mr.. Braddock, Col.
Moore and Dir, popehoo, were with him
and accompanied him US far us the jail.
On being placed in cell Baker looked |
around, and remarked to the deputy |
"Why, this is cheerful and pleasant. ! |
like this m1rh hattnr than Whnnline |