The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-08-11

the bench this morning the courtroom
was crowded with people anxious to
hear Wyson open for tho prosecution
The thermometer registered SIS in the
shade before o'clock and in the court
room at least 90 degrees higher. The
Judge crowded by the reporters, accepted
the situation good nasurcdly, as he has
our encoachments since the trial began
We owe much to the accuracy of our re-
ports to him. We crowded the court,
but he allowed no one to crowd us.
Juror Kelly was Frustrated to cholera
morbus Saturday and never left his bed
yesterday. The court, attorneys and
people manifested great deal Of solicit
tude and many anxious inquiries wero
made about his condition. Protractcd
illness of Juror would nccessitate an
abandonment vi the case and another
trial at a subsequent term Of tho court.
Fortunately, Mr.. Keller is able to APP
pear in court this morning, and it is
hoped ho will cont inue to improve.
TIE FINAL STRUGGLE BEGINS.
Mr.. Buchan moved the court to ex-
clCdc all tho evidence to which tho de-
tense had objected during tho progress
of the examination of Witnesses. The
motion was overruled.
The court removed tho Limitation as
to the time counsel could consume in
arguing the case.
Mr.. Wysor began with an eloquent
and pathetic imaginary description OF
the courtship Of DR.. and Mrs. Baker, and
tho early days OF their married life
Little did she dream then that her
husband would, in after years, rob her
of her lifo under the guise of relieving
her of suffering. He was the hero of
her youth and tho father of her babes,
aud from his hand she took tho fatal
draught without hcsita ton, believing it
was for her good.
The prisoner, like the serpent of old,
had entered the home of the Gilmer's
and seduccd the vito from her high
estate. This home was destroyed by
him and the winds of Heaven, once full
OF sweetest music, now make doceful
noises as they sweep around and by it,
The gaunt spector of ruin and shame
now held possession of this once happy
home. Had he involved his (counsel's)
homo as he did the Gilmcr's, he would
have taken tho lustfull dog by tho
throat and WITH shining steel would
have sought his base heart and thon
holding aloft tho blade seeking with
gore, call upon Heaven to witness that
he had claimed only an eye for an eye
tooth for a tooth
Dr. Baker had robbed his wife of her
life. and the Gilmer's Of all that lfc
held dear. lie could give nothing to
recompense the dead or the living for
the foul wrongs they suffered at his
hpp dc .,,1
tial recompcnse. Let his life DO taken
not in the dead of winter when tho sun
casts a drcary shadow on the earth and
was uninviting, but in the early au-
tunn when all nature was clothed in o
garb of beauty and the rays Of tho sun
were bright and genial.
In the name of law and justice he de-
manded the prisoners life. His crime
was punishable with death. 1t was not
necessary to provo the corpus deficit.
In the celebrated Cluverius case this
was held to be unnecessary. A long
limo OF circumstances which led him up
to the scene of the murder were proven;
Lillian Madison's body was found and
the jury found him guilty. The high
est court in the State approved the YER
dict and Cluverius was hung.
Dir. Wysor defined and discussed "rca-
sonable doubts claiming that none had
arisen in this case of sufficient import
ance to entitle the prisoner to mercy or
an acquittal. He read from the author
tiles to support his position. Tho owl
dence adduced was mainly circumstan-
ti2l, but 1T was proper to convict upon
this when the circumstances connected
the prisoner, and no one else, with the
crime up to or near its commission. 1t
was not necessary to have an eye-wit-
ness. Crimes were generally secret,
and circumstances must be relied upon.
The Commonwealth VS.. Deane, reported
in 32d Grattan, was a case in point
Deane was tried in Scott county by a
Washington county jury. and the testi-
mony upon which he was convicted was
not so strong nor we'll connected as the
case. before the court. This was secret
crime and the jury had no discretion. 1t
must convict.
Counsel for defense, would. perhaps,
admit the genuineness OF the letters,
the criminal relations between the
prisoner and Mrs. Gilmer, characterize
the prosecution. as malicious, call us
vultures, hyenas, violators of sacred
sepultures; they will deal in rhetoric
and display great ingenuity, relying
upon lesion Of the initial valves, in.
duration OF tho sub.lunar valves and a
contraction OF tho aorta, as heard by
DR.. Clark through a stethoscope with a
bifurcation, but the proof that Mrs.
Baker was victim OF the murderous
heart and hand of her husband could
not be swept aside nor blotted out
Mrs. Gilmer was confessed adultress,
it is true, and admitted that she had on
certain occasions told lies, but she
sought not to shield herself in this
court; she told it ALL crying, 81 am tell
ing the truth now; am telling it ALL"
She sought not to hide her own guilt
Il. L. L.