The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-08-14


MRS. GiLMER
ter for tho jury. This was law. Did
She tell tho truth? If so, and hcr evil
dence is sufficient, tho jury must con-
vict.
Mrs. Gilmer seduccd DR.. Baker, say
Bakers counsel. Who believes it?
What if she did? How do YOU make
Mrs. Gilmer challenged Baker to con-
tradict her. Why did she not take the
witness stand and do so? She says he
tod her that his wife had conceived
again and sworc she should not see the
birth of her child. Why did he not dcny
this? She says he told her he intended
poisoning his wife. Why did he not deny
this? Sho says he told her how he gave
the poison in capsule how she sickencd,
vomited, fell from the chair and no
placed her on cot whore she died Why
not take tie witness stand and deny it?
1t was his privilege to do so. He told
her he gave the poison to his wife, not
through the hands of his dauther BETSY,
but out of his on hand and sho took it
as innocentlY as a child. Why did he
not contradict this? Why?
Judge Hutton read from tho letter
from Mrs. Gilmcr to contradict Mr.
Bnchanan's claim that she had not re-
ceived replies from Baker. Buchanan
never was in love and know nothing
about lovers and love letters. (Laugh-
ter and cries Of order by the shcrilT.)
lie acknowledged to Sam Lcgard that
he got the Minnick letter, one of the
most damaging of the lot Why did he
keep these letters. If she over charged
him with murder he could hold them
over her head and cry into her car,
"Thcsc letters convict you if I hang
you shall hang All f. he imagined his
safety lay in these letters.
DIR. Clark, who had not seen Mrs.
Baker for two years, is the only witness
who did not testify to symptoms of ar
scnical poisoning. lie could only talk
about mitral leslie rs, sub lunar valves,
induration, reorganization and bifurca-
ton. No other physician detected these.
DR.. Baker never limited at such symp-
toms. ''She was in as good health as
usual up to tho time of hcr DEATH" said
Baker TO one. 81 poisoned her." is what
he said to Mrs. Gilmer. And ho did.
He is self-confesscd adulterer and
murderer.
Judge Hutton closed with a powerful
appeal to tho jury to do what duty, as
pointed out by tho law and evidence,
required, whether that be an acuuittal
or conviction.
The young prosecutor surprised his
friends. Some OF his associates went
and handkorchiefs werc in demand
among the hundreds of spectators, but
a verbatim report would do Justice to
Hutton's effort lie spoke two hours
and ten minutes. 1t was a sledge ham
mer speech mostly. A few tender pas
sages brought tears to many an eve, but
he was unconscious OF it. lie believed
the prisoner guilty and he made others
believe it. Whether the jury was con-
vcrted can be told only by the verdict.
The case was given to the jury at 4:1O
without instructions, counsel having SO
argued, and the court took recess.
AT 5:45 the jury was brought into
court The crowd rushed from the
street in anticipation of verdict, but
was disappointed. The jury denied in
structions whether or not the evidence
OF an accomplish is to be received as it
comes to the jury.
The court said he would ad iourn tho
jury to o'clock tonight, at which time
he would give the instructions asked
for.
The court instructs the Jury that if
they believe from the evidence that
Margaret Gilmer was an accomplice OF
the defendant to carry out common de-
sign between them to murder Susan
Baker and that Susan Baker came to
her death by poison. as charged in the
indictment, said Margaret Gilmer is a
witness to prove any fact or
facts in the case.
Sufficient crime is charged in the in
dictment and they can do so upon her
uncorroborated testimony If they be-
lieve her, and it is for tho jury to say
after weighing with caution all the
testimony in the case whether they be-
licve or disbelieve her.
Mr.. Blair desired the court to further
instruct the jury that they should act
upon such testimony with great care
and caution and subject it to a careful
consideration in the light of all other
in the case, and the Jury ought not to
convict upon such testimony at once
unless after careful examination OF
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