Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-08-12
ABINGDON's CELEBRATED CASE.
Another Day Devoted to Argument-An
Immense Throng.
fSpecinl tclegrnn to thc Diapa

OF the Commonwealth rs Baker.
When the bell was rung this morning a
crowd Ind already filled every available
space in the courtroom.
Co.OneI Summers resumed his argument
10y reviewing the evidence against the
prisoner outside Of the expert testimony.
The Colonel spoke at length in defence OF
c1rcumstantial evidence, and declared
that no Judge living could satisfactorily
explain the nature of the " reasonable
doubt" Each juryman must depend
upon his own convictions. He paid an
eiccant tribute 10 the attainments Of tx
pert CLARK, and got rid of ms heart disease
theory by saving that the Doctor heard 1t
through stethoscope and "hearsay eyl-
dcnce was of no account" This compll-
ment brought down the house.
" Gentlemen Of the jury" he said, :" IT
this man is turned loose embalming will
become the most profitable business IN the
lfnG. That body was embamed for tbs
occasion If / had the power | would |
make a special hell for the seducers OF ie-
male virtue"
Colonel Summers often created merrl-
ment by his cpigrammatic and Original
manner of putting things.
MR. BURsos ToR THE DEFFNcE.
Mr.. John E. Burson followed for the de-
fence he began by referring 10 the wide
spread interest that the case has awaken
ed. and said that an attempt was being
made TO hang an innocent man by yltupe-
ration and seutimenta appeals. He pro-
posed 20 deal with facts and with the law.
The Commonwealth had introduced twen-
ty-odd witnesses to corrobora.e Mrs. Gill
mer's story, aud what had they proved Fl
Nothing more than the trivial fact that
cOrre,DOndence existed between the pri-
sonor and Mrs. Gilmer The gentlemen on
the other sido were terribly AFRAID OF that
4 IL.
make stalking horse out of adultery. Adul-
tory was all that they had proved, ana
this had always been admitted b. the de-
fence. But were men 20 be hanged IN
Virginia for that? God knows II was
grieyous fault. AMI God knows whether
the man or woman was more 10 blame. yet
this fault was far removed from murder
from wifc-murder. il did not even form
motive IN this case.
THE WIFE NO BARRIER.
DR.. Bakers wife, he said, was no barrier
between him and Mrs. Gilmer. What was
the next great point Of the prosecution! !
The finding OF the letters. There was not
a single bit Of evidence to show that Dr.
Baker ever received a single one Of the
letters except one letter. COuld Mrs Gil
mer make tho people of Washington coGn-
" Hel'eve that she thought her conduct
rghtf The prosecution not content
wuA Their attacks upon Dr. Baker
were, he argued trying TO drag his
innocent daughters into the dust. and not
only this they have thrown slime and vi
tuperation upon every witness of the de-
fence-witnesses most of whom belong to
the best families of the county. They had
attempted to inject the Gilmer conspiracy
into this case, but that case had no bear
inc upon this until the corpus deiacti has
bee nproved. In summing up Mr. Burson
,,oI kot Of or,
combined TO form not only grave doubt
as TO the guilt of the accused, but an ale
most irresistible proof of his innocense.
Mr.. Burson is q graduate of Roanoke
College, and by the classical illusions
in his metaphors as well a. by the elegance
Of hlC dictiOn he shows his thorough train
ing.
Mr.. BAILEY FOR THE PROSECUTION.
Mr.. Bailey, Of Bristol, arose for the
prosecution, and painted with tragic force
the ruined homes of the Gilmers and the
Bakers and mathematical the author OF
that ruin. Continuing, he said that the
great question in this case was did Mrs. |
Gilmer tell the TRUTH" THE corrobora-
tion of Marguerite Gilmer's testimony
was. .nhe claimed, the most thorough and
the most complete that had ever occurred
IN a criminal trial during the history of
the country.
He here reviewed the points of evidence
by which her story was corroborated.
There was. he contended, a case of mur- |
der made out regardless Of the expert testi- |
mony. The Commonwealth. he said, had |
proved the threats of Baker that his wife |
should never live TO see the birth OF her |
child that he described the details OF his |
projected crime 10 Mrs. Gilmor. There |
were also the suspicious circumstances |
surrounding the death-bed of the victim
So la al ct n
arsenical poisoning. And then. he asked. |
why such haste as TO the embalming!
Why, he continued, was only the trunk
embalmed! Was IL not done to cover up
a dark and attrOclous crime!
After briefly summing up the evidence
Mr.. Bailey closed with an appeal to the
jnry to uphold the honor, the dignity, and
the laws Of the Commonwealth OF Nir. |
ginia.
MR. WHITE FOR THE Defence.
Mr.. James J.. White, for the defence, |
commenced by presenting bret history |
of the case from its inception. He dwelt !
upon the fact that brothers and other near |
relatives of the deceased had appeared as |
witnesses for the prisoner, while the Gil !
mers were his chief accusers. He next |
paid his regards to the letters" the foun- |
dation of the prosecution" The letters, |
he said. after remaining so long exposed |
to the weather were still unsoiled; but. |
admitting them to oe genuine, they bore |
internal evidence tnaJ tnelr autnor WAS
insane.
Again it was significant fact that |
every one of the letters was written from |
eight TO ten months after the death OF |
MIS-. Baker. According to Mrs. Gilmer !
herself she received the pTusic acid from |
Baker in the fall after the alleged poison
ing Of Gimer in the spring; Inc speaker |
objected to the remark OF Mr.. Bailey that |
Mrs. Baker would. under the same clrcum- |
stances, acted as Mrs. Gilmer did. and he |
paid glowing tribute to the deceased !
lady and her daughters. who came On the !
stand to testify TO the innocence of Aheir |
father.
TUE AUTOPSY IRREGULAR.
Theautopsy was irregular and illegal, he !
said. The defence were never notified !
that it would be held, and even the neigh |
bors were driven from the grounds when |
the BODY was exhumed. The prosecution |
introduced the analysis of the body, but !
would not allow the analysis OF the en- /
balming fluid TO be introduced unless the !
defence should distinctly avow their in |
tenton of proving that it was the identi- |
cal fluid used on the body. The testimony |
of Experts Wiley, Preston, and CLARK was |
revlewe q to show that Mrs. Bakers death |
was due TO natural causes.
The prosecution had failed, he claimed, !
to show the cause of death. and il remains !
for the defence to do SO. Mrs. Baker, he |
declared, died at time when physiclans, |
brothers, relatives, and friends were ex- |
pecting her death. Why, he asked, was |
the medicine left where it could so easily |
be found? In conclusion, he asked how /
.he prosecution cOuld carve case of pol |
soning when DIR. Taylor, the expert, could !
not tell whether the arsenic WAS admins |
tered before or after death.
Mr.. White bears a strong esemblance TO |
Congressman Breckenridge. OF Kentucky. |
His speech was earnest and forcible, and 1t |
had a pronounced effect.
The court then adjourned till a. n. to- |