Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1890-08-29
THEIR FIRST MOVE.
Van Bakers Attorneys After a Slice of the
! McWha Estate.

Mchna Estate.
Last Monday Robert p Patterson, ad-
ministrator Of the estate OF Eliza Baker
was notified that at the next sitting Of the
Hancock County Court an application
would be made TO have his bond increased
as such administrator There isn't very
much in this notion, but 1t is the beginning
of what is likely to be an interesting case
and will renew interest in the celebrated
Baker case. The notification TO Mr..
Patterson is signed by John x.
Braddock and John NJ. Cook, as at
torneys for John X. DonehOo, AS
signee of all interest of Van b. Baker
in the estate Of Mrs. Eliza Baker Before
the second trial of the ca sc at Wellsburg,
Mr.. Patterson, who had been namedin the
will and had qualified as the e1ecut6r of
Drusilla McWha, was appointed by the
Court administrator of Eliza Baker, giving
bond in the sum OF 500. An inventory OF
her estate was made and IL consisted only
of watch. a chair and few trinkets and
clothing. amounting in all 10 800 in value.
According 10 this a pond of 500 was ample
as security, but il Is evident that the att0r-
neys for the defense now propose to get
some compensation for their lab0rious ser
vices and this is their first move
IL will be recalled that the question of
which woman was murdered first was dis
cussed at the trial, and according 10 the
theory Of the prosecution upon which a
conviction was had, Mrs. Baker was killed
in the kitchen and afterwards Mrs. Nc
Wha in the sitting room. Evidently 10
create the impression that Mrs Baker had
died last, her body was placed across the
PROSTATE form of her mother as If in
last embrace. Furthermore it was ad-
duced at the trial that Mrs. McWha'
had made will bequeathing her
entire estate 10 her daughter,
In the event Of the daughters survival;
otherwise il was 10 90 10 her grandson.
That will was found, bnt the will Of Mrs
Baker. in which she left her husband
q 800 and made her grandson the residu-
airy legatee Of her estate, never turned up
but IS generally supposed 10 have been
burned. Herein was the factor OF motive,
necessary in the circumstantial evidence
because for the husband 10 come in for his
wife's property entire under the laws OF
West Virginia her will must not be found,
but that of her mother mus be prObated
There is still another feature to be con
sidered. BY the will Of Mrs. Bakers
father. she inherited $500 in money or
bonds. and Mrs. McWha was made the
residuary legatee. The money and bonds
of mothera and daughter were never divided,
but remained In the name OF Drusilla Nc
Wha. As the executor OF Mrs. McWha,
Mr.. Patterson, took possession Of the Ale
gheny Valley bonds and other property, but
did not set out any part thereof as the prop
erty of Eliza Baker Now, whether the at
t0rneys propose TO show that Mrs Nc
Wha was murdered first and Mrs. Baker
is thereby entitled 10 the entire property
less few minor bequests; or that s!,jOO
Of Mrs. McWha's estate is rightfully that
Of Mrs Baker under Mr. McWha' S will re-
mains 10 be developed
HThe whole matter will in all likelihood
De bitterly contested and will hinge TO a
large extent upon whether mar can in
herit from the fruits of his own crime.
There is an old English precedent in which
IL was held that father and son, the latter
having arrived az his majority,
being drowned or otherwise meet
ing sudden death, when there
was no evidence 10 the contrary, IL was 10
be presumed that the son died last because
he was more vigorous. But that rule
could scarcely apply TO the present case
where murder was committed. A ease in
New York was recently decided in which
1t was held that a man could not reap the
benefits of his own crime. Baker ROW
stands convicted of the murder OF Mrs.
Baker. and whether his attorneys and as
signee can recover from fund 20 which
he had no title until after her death, is "a
very interesting legal cOnundrum.