Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-08-11
THE ABINGDON TRIAL.
Points In the Arguments Against and For DR..
Baker.


Baker.
A great crowd filled the court room at Abing-
don, Virginia, yesterday. to hear the argument
in the case of DR.. John A. P. Baker, charged
with poisoning his vito. The argument was
opened by Mr. WISER for the prosecution.
1t is incumbent upon the prosecution, he
said, TO prove two things. First, that the VIC
tim was poisoned, and second, that she was poi
soned by the prisoner. When it is proved that
she was poisoned it will be evident that she
was poisoned by the prisoner. Mr.. Wyse re-
ferred to the Cluverius case and explained the
nature OF tho reasonable doubt" All testi-
mony Is in its nature more or less circumstan-
tiai; but circumstautial evidence, if clear and
wen connected. is stronger than direct testi-
mony. circumstances, poor, dumb things. do
not lie. The evidence in this case il mainly
c1rcumstantlal. Such cases can scarcely ever
De proved by direct evidence. Men when they
90 at deeds so dark as this do not beat a drum.
he anticipates the defense and said that they
will treat the accusation as incredible. They
VIII claim that the prisoners wife died
q natural death from some of the reconcile
diseases mentioned by DR.. Clark. Mr.. WISER
took up Mrs. Gilmer's testimony and defended
1t. He produced the letters and quoted tho
statements OF various witnesses to prove their
authenticity The speaker next attempted to
show that Dr. Baker is capable Of doing the
deed charged. The advantages he possessed as
a physician were used to drag family down to
rum. The prisoners conduct Immediately
after his wife's death shows that he has the
elements OF murder in him. 1t being clear
that he was capable Of committing the crime
charged. the next question is, Ibid he do it?'
he said he was going to do it. He said he had
done it. The various possible natural causes
Of death are shown by the evidence to have
been absent. The symptoms were arsenical
symptoms. Why were the daughters sent from
the room5 The speaker grew theatrical as he
depicted the death-bed scene and repeated the
more"
Mr.. WISER closed with dramatic appeal to
the jury for justice If he is guilty let him
die" He spoke two hours and thirty five min
utes, and held the packed throng in rapt at
tention.
ARGUMENT FOR THE DEFENSE.
Capt. Frank Blair opened for the defense by
attacking the testimony of Mrs. Gilmer. She
had many motives for attempting to convict
the prisoner 'where was the motive to Induce
Dr; Baker to poison his amiable and loving
wifeF Where are the letters of DIR. Baker to
MRS. Giimer? Why are they 80 conspicuous for
their ABSENCE"
The burden Of proof always rests ueon the
party that asserts legal accountability. The
TACT OF the murder must be proved before We
can oring IN any criminal agent. DIR. Taylor.
all their hopes, was not able to say whether the
arsenic found was administered before or after
death. The fact that Mrs. Gilmer is party
TO the crime comes from the weight Of her
testimony. The speaker denied that DIR.
Baker ever received the letters that were in
troduced, and expressed the opinion that the
whole affair is deep-laid plot to ruin the
prisoner.
DR.. Wylie asserted that he had observed no
symptoms OF poisoning. neither was there a
solitary symptom of arsencal poisoning in the
case OF Mrs. Baker. Mrs. C1yce. witness
whose veracity cannot be lmpeached, has
silenced the voice OF Mrs. Gilmer. The en-
balming fluid is the nucleus around which
ciings the case OF the defense, far from this
alone can the arsenic found be satisfactorily
accounted for. The speaker made strong ar
gument on this topic. and in conclusion re-
minded the jury that they must give the pris-
oner the benefit Of every reasonable doubt
that has been raised as to his guilt. Capt.
Blairs speech occupied three hours in its de-
livery.
Col. Semmers, for the commonwealth, spoke
next. He pointed to the prisoner as a man
'writhing under the hand of God" THE
are 80 few Wyndham Gilmers. You and l, gen
temen OF the jury, would have discovered this
thing long before he did
Case after case of arsenical poisoning is re-
corded without a single one of the usual symp-
toms. large part of his argument was taken
up in defending the veracity of Mrs Gilmer.
he referred to various witnesses by whom her
story was corroborated. What did the prisoner
want with the poisons that he purchased? Why
have they never been accounted for? He has
been attempting all the while to cover his
tracks, but the eye Of God is upon him.
The court adjourned at $50. Col. Summers
Will proceed with his argument today.