Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1889-11-21
THE COSTS.

Whsre VIII the FeeS Etc, In the Baker
Trial Come Fromg
Yesterdays Steubsnville Herald says:
"While the Baker case is not yet settled
definitely, it is not thought in event Of
its appeal that the United States Supreme
Court will interfere with the finding OF
Judge Jacobs Court and Baker will serve
ont his sentence in the MOundsville paDi-
tentiary. Then the Court officers and
LAWYERS will look for their costs and
ices Where they will get them is now
al unknown source. The Sheriff and
Clerk Of Brooke county where the last trial
was held applied to the Legislature last
winter and got bill passed reimbursipg
them for then services, rs the statutes OF
West Virginia expressly stipulates that no
Judgment of cOsts may be rendered againat
the State. Circuit Court Clerk Frank y
Stewart was in the city this morning from
New Cumberland and says that both he
and Sheriff r G. Lindsay will appeal to the
same source this winter with a probable
show of success. The lawyers for
the prosecution have already been paid by
warrants drawn upon the Hancock county
treasury and by private parties. Bat those
for the defense who have been at great
outlay for expenses are still feeless, except
Col. w. d. Moore, who WAS paid by Rev.
Perrine Baker, brother of the accused.
This leaves Messrs. DOnahOe, Braddock,
Cook and Arnett sin the soup" so far as
the puDlic is advised, unless they procure
a share of the McWha estate. all claim to
which has been assigned to them by
pskar
Now that it has been decreed that Baker
shall live, it is not unlikely that an effort
will be made to secure his alleged inherit
auce. Independent of her mother, Mrs.
Baker was possessed Of about - 5OO 10
her own right at the time of her death.
According to the statutes Baker is entitled
to this sum without regard to Mrs. Nc
Wha's will, AID even il the cOntente OF
Mrs. Baker's will should be established
and probated he would still have legacy
of 81, 900. A whole volume could be writ
ten upon this one feature of the case,
making it worthy novel by Gsboriau,
Du Bcisgobey or Apne Katherine Green
1t is altogether probable that bis case
will be appealed to 1.-The Supreme Court Of
the United States. The ground upon
which the case will be removed out Of the
jurisdiction Of the State courts will be
that Baker is deprived Of his liberty with
out due course OF Law for the reasons, first,
that Juror Reed, who declared on his
voirdi1e that he held decided opinions, was
in no sense a competent juror; second,
chat the Sheriff had no right to deprive
Baker of his pantaloons for the
purpose of having them inspected
for blcolstains, thus making him
witness against himself; and
third, t. at the indictment charging Baker
with murder of the first degree under the
statutes of West Virginia, beirg of the
short form adopted in Ohio for msnslaugh-
ter and murder in the second degree, is il
legal. It has not yet been definitely de-
oidtd that this appeal will be taken, but if
it is, it will be analogous to that of Spies,
the Chicago Anarchist, upon which the
United States Supreme Court passed two
years ago, declining to interfere with the
Judgment Of the Safe Court for want OF
/ nrisdiction. at any rate, the matter is
not vet settled, aud it may be some time
before Baker begins his living at Mounds
vile.