Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-11-19


Il went in q buggy"
did you pay for that buggyY'i
Il did not Mr.. Charles Thalhmer paid
for IT, I guess He agreed to do So" was
the reply of the witness.
MI. Baker, did you you Lose any sleep
over this work2'
Il don't know about that"
did you put in any Of your own time
in this case, II so, how much?' requested
Mr.. Smith.
Sometimes would spend an hour or
so a day. when i was off duty. looking
up these young men. who have been
brought into this case" replied the wit
ness.
80 you lost sleep over it, did your
again queried Mr.. Smith
Nh. Smith then asked officer Baker
how many places he went 20 in connec-
tion with this matter and the reply was
about a dozen. The witness admitted go
ing 10 Martha Webb's and 10 a great
many similar places in search OF two
women who, II was supposed, would be
witnesses against WINNER. He denied
that he was searching for traces Of the
WINNER girls. but said that he did talk
with Martha Webb about them. adding
that he did not bring up the conversation.
Where did you go upon these mis-
sions?" inquired Mr.. Smith.
Il went 10 two places near MAYO and
Franklin streets"
do you know what sort Of houses they
were?"
II knew them by reputation. but not
otherwise"
We'll where else did you go?''
u went TO two places on Broad street."
who kept these placesg asked the ex-
Commonwealth's Attorney.
one was Lily Williams s."
Were the names Of the WINNER girls
mentioned there?
They were not"
DID NOT FIND THEM.
Mr.. Baker told OF other places visited
by him in the search of these two women.
who We're desired as witnesses. He OK
planned that he had had a conversation
with Mr.. Richardson touching this mat
ter, and added that he never found the
young women wanted Mr. Smith re-
marked that Baker had gone to the
wrong places.
Did you not take that drive in the
country for the purpose OF securing evil
dence damaging 10 the character and
virtue Of those WINNER girls?" asked Mr..
Smith with some emphasis.
Yes, sir; l did," was the laconlc reply
OF the witness.
How much time did you devote to this
case, Voluntarily"
II have devoted almost every spare
moment since the tragedy"
Being further cross-examined by Mr..
Folkes, Mr.. Baker declared that he was
not prejudiced I'm favor Of or against the
prisoner at the bar. When he first heard
Of the tragedy his sympathies were with
WINNER. Mr.. Baker denied that he had
ever received one cent from Mr.. Thai
himer for his efforts i'm this case. and
stated that there had been no agreement
by which he was to receive any compen-
sati0p
SMITH CENsURES THE OFFICER.
Mr.. Richardson arose during the
course Of the evidence of this witness.
and said that he would like to bring
out some facts as to the circumstances
which led up 70 the search for the two
girls previously mentioned in Mr. Bakers
testimony. Mr. Smith objected to this.
and Mr.. Richardson explained that he
wished TO ask the witness a question as
TO a report made TO him regarding these
two young women. Mr.. Smith here said:
May IL please your Honor there is no
ono who knows Mr. Richardson. but
knows that he would not have been con-
nected with a search for testimony
against the virtue Of these Winner girls;
but l wanted to show to this jury the
dirty work which Mr.. Baker has been
doing"
This caused Mr. Baker, who still occu-
pied the witness stand, to turn almost
white with anger. He was asked a few
moro unimportant questions, and was
told TO stand aside. As be- did so he said:
Had / gone to Mr.. Smith, / might have
found the women / was looking for"
and ne passed out of the court-chamber.
Mr.. Smith, being told what Mt. Baker
had said. arose, and addressing the
Court, said: May it please your Honor.
l did not hear the side remark OF the
witness as he left tire stand. but any
intimation that counsel for the defence
had concealed or cloaked in any way,
these two women, is a lie IN the whole
cloth "
Bang" went the Judges gavel. as
his Honor sharply advised Mr.. Smith that
he must not use that sort OF language
I'm the court-chamber. Mr.. Smith apolo-
sized TO the Court
Mr. G.. b. West. a Dispatch reporter,
was the next witness. and told Of the I'M
terview ne had with the prisoner on the
night of the homicide.
WINNER HAD A PISTOL
Here the Commonwealth rested the
case. and Mr. Smith had Misses Ada and
Ida say whether their father had a pistol
at home or not. Both declared that Mr..
WINNER had pistol az home at the
time of the tragedy He had had the
weapon ever since he was on the police
force at Bluefeld. W. Va.
Here a recess was taken 10 allow cOun-
sci 10 prepare instructions. and the jury
were sent out with the deputy sergeants
for walk.
The attorneys in the case went into
the office of Judge Witt and argued in
structions. When they returned the
Court took a recess until 4:30 o'clock.
When court reconyened at 4.3O o'clock,
Judge Witt gave the following instruc-
tlons the first twelve of which were sub
mitted by counsel while the last one was
drawn by the Judge himself,
The instructions OF the Court.
The Court instructs the jury
I Homicides made punishable by the
laws of Virginia are divided into four
classes-viz.: Murder in the first degree,
murder in the second degree, voluntary
manslaughtcr, and involuntary man
slaughter.
2. To constitute murder in the first de-
gree. the prisoner must have been melted
to the killing by malice. and the killing
must have been a wilful, deliberate. and
premeditated act on the part OF the prs-
oner-that is 70 say, he must have willed.
deliberated, and Dremeditated that he
should kill the deceased or 90 him some
serious bodily injury. the necessary re-
suit OF which would be his death and
from which he died.
3. Whenever 1t is proved that the killing
was wilful, deliberate. and premeditated,
the law infers malice from these facts.
Murder I'm the second degree Is the
wilful killing OF q human being with