Los Angeles herald., 1891-11-13
BLISSFUL IGNORANCE
Baker Knows Nothing About
the Mortgage.
He Was Dragged Into the Game
by Hoy.
A Very Fishy Story Told by the De-
PENDANT Yesterday.
Points Brought Out the witness
stand - Very Carefully
Prepared Narrative.


The chances for the escape of Ed l..
Baker from the meshes of the law were
reduced to minimum in the minds Of
every one who heard the testimony of
old man Hoy and the defendant himself
in regard to the bogus mortgage trans
action given yesterday before Judge Nc
Kinley in department six of the superior
court.
Sensation after sensation has devel-
oped during the trial of the case, and
yesterdays testimony was more sensa-
tional than any yet introduced. 1t is
evident that all regarding the scheme
has not vet come out, and to what ex-
tent it went and who will be implicated
before the trial ends is now the question
asked daily.
In Hoy's cross-examination he spoke
in way tending to place his counsel
and one of Bakers attorneys in very
unpleasant position. If his statement
is true, and the prevailing impression is
that the old man has told the truth, the
attorneys have not acted e4uarely with
him nor to the profession.
1t is patent to everyone who heard
Hoy's story that he was tool in the
hands of men brighter, smarter and of
greater foresight than he. He perjured
himself during his trial in order to save
them, and in doing 80 played right into
their hands. They played to convict
him that they might go free, and accom-
plished their object in go far as securing
his conviction was concerned, but the
old man luckily came to knowledge of
the scheme to send him to the peniten-
tiary and turned on his betrayers who,
when he was arrested and asked "What
am to do?" was informed, "Well, the
schemes up. You'll have to go with
the officer" Hoy's turn has come, and
he will no doubt have the satisfaction Of
seeing one or more OF the conspirators
go to prison with him, and the public
will know that he was tool in the
hands OF others.
Several attorneys, who are familiar
with the case, say that Hoy would un-
doubtedly have been acquitted had he
told the same story on his trial as he
has in this case. Stump is deep in the
mire, according to Hoy's version of the
affair, and there are other parties known
to be implicated, for whom warrants
have been sworn out.
Hoy resumed the stand yesterday
lOTuluk anu WAS ldkcu LA udnQ Nv MI.
Peck, of San Bernardino, counsel for
Baker, who cross-questioned him very
closely, and in the opinion of attorneys
in the court room would have aided his
case by letting Mr.. Hoy severely alone.
He insisted upon having the details of
the whole affair. How the witness hap
pened to 60 on the stand and whether
the prosecution had not induced him to
make the confession.
Mr.. Peck soon found out and was
somewhat staggered at the replies OF the
witness. Hoy said he expected to get
lightersentence by confessing the job, but
that no inducements were held out to
him. He stated while on the stand
yesterday that he was mistaken when
he identified the real Green as the man
who authorized him to sign the mort
gage. 1t was Stump who gave him the
authority. He never met the real
Green until in court. He said he had
no particular desire to see Baker pun
lshed, but he thought both Baker and
Stump are as guilty as he and should
get the same as he got. When they
were about to record the mortgage
Baker said he thought he would send
the instrument over to a Mr.. Peck of
San Bernardino, but finally concluded
not to do 30.
On redirect examination by Mr.. Nc
Comas, Hay stated that he went to the
district attorney voluntarily and stated
he wanted to tell the truth. He said
also that Messrs. Sherman and Bacon,
his attorn VS., had "cut his throat"
He was assured by Baker, and all of
them, he said. that they would see him
through, and then they threw him
down.
Peck, he said, came to see him at the
Jail several times, and told him that
they bad plenty of money and wonld
acquit him if they had to buy jury
men.
This statement created quitesa sensa-
ton in the court. Mr.. Peck tried to
show that Hoy was forced into confess
ing, but the old man stuck to his story.
Morris M. Green was called and
asked a few questions. He swore that
there is no other person by the name of
Green residing near his ranch.
Mr.. McComas then rested the case for
the prosecution.
The defense called number of char
acter witnesses, who testified to the
reputation of the accused man before
his arrest on this charge.
j. X. Stump was next called, and
everybody expected more sensational
testimony, but Mr.. Stump was not ex-
amined at great length. He was adj
vised of bis rights as q defendant, and
told he need not answer any questions
tending to criminate himself. He
astonished everybody by testifying that
he ia not acquainted with Hoy-never
saw him, and as for the mortgage he
knew nothing about it. The prosecu-
ton did not cross-examine Mr.. Stump,
and he was taken back to Jail.
The defendant, Baker, was called to
the witness stand at 2:30. He gave a
very ingenious version of the transac
ton, the particulars being the same as
Mr.. Stassforth's story, and fits in with
Hoy's, except that Baker pretends that
HOY came to him with the proposition.
He spoke very deliberately, and evil