Evening journal., 1900-04-26
'AXTER'S FATE
IN THE BALANCE
IIIeged Murderer'S Case in
Hands Of Jury.
IaRy Witnesses Heard in Trial Of
the Wilmington Slayer Of Mrs.
! Mary Ryan.

Camden, N. j., April 26.-The trial
f James Baxter for the murder OF Mrs
larry Ryan was concluded in the Cam
en- county courts yesterday afternoon,
he jury retiring to deliberate at 4.l5.
When court adjourned on Tuesday
lawyer Semple, the defendants coun-
lei, had outlined his defense, and he
look up most of yesterday morning
ession with his witnesses. Constable
|ieorge Idlett, the first witness, testi-
led to arresting Mrs. Baxter, on COM
|'laint of the defendant, who accused
Ter of stealing his watch. In the Of
ice of the justice, Baxter, instead of
prosecuting her, fell on his knees and
Headed with her to come back and live
with him. Justice Barr corroborated
his testimony, and said Baxter acted
ike a man mentally unsound.
James Hutchinson and his wife tes-
flied that they heard Baxter's daugh-
er, Maggie, say not to have anything
o do with mamma, as she was a bad
woman, and tell him that she and Mr..
Brown had gone TO Atlantic City. Mr..
hutchinson also said he had seen Bax-
er on his knees praying for her to re-
urn to him, and said Baxter was once
,oing to kill himself If his wife didn't
ONE back.
Hutchinson Identified the letter writ
en- by Maggie Baxter to her mother.
n which she said she would kill herself
md brother, as the one found by his
wife. After some argument the letter
: vas admitted as evidence to prove that
he contents had been made known to
baxter. Witnesses testified that Bax-
er was drunk on the night of the muir
. er.
& Edward Murphy, Of Wilmington. tes-
+ flied that Baxter came up on the boat
n which he was working on the day
# the murder, and Baxter said. "The
. lcXt time you see me I'll be dead.
Il Witness said he thought Baxter men.
+ ally deficient, as he had often seer
\ i'm fall from his bunk on his knees
4 nd pray to God to kill him.
Harry Brown, a son of James Brown
& erving a term in the county Jail fol
arceny was brought into court anC
q estified that shortly after the murder
is father came into the house, nervous
nd excited, but he didn't know wherl
e had been.
After Lawyer Semple had taken thu
tand to contradict the evidence o
)aniel Baxter re rested his case.
8 In rebuttal Prosecutor Lloyd callet
B iaggie Baxter, who created a sensa
ion by testifying that the letter admit
ed as evidence and signed by her wa
+ ritten at the home of John Hutchin
y on, while the defendant stood ove
er threatening to kill her
In the afternoon Prosecutor Lloyl
ummoned about a dozen witnesses Il
'stify in rebuttal that the defendan
s asn't drunk the night of his crime
or that he ever acted like a man un
lund mentally. Mr. Semple only call
d two witnesses in rebuttal, Mr.. an
E Irs. Hutchinson, who testified that /
culd have been impossible for Maggi
axter to have written the letter a
ne said, as they never allowed the cir
nd her father to be alone in tn
ouse.
Assistant Prosecutor Archer opene
ne argument. and said it was one o
he plainest first degree murder case
YER tried in the county. There wa
OF a shadow Of doubt or myster
bout It,
Mr.. Semple followed, and said that
view Of the conclusive proc
nat the defendant was drunk
ie misconduct of his wife an
lat he has said himself he only want
to kill his wife. the jury shoul
ring in a verdict of second degre
urder. Prosecutor Lloyd made
asterly summing up for the state.
In charging the jury Judge Garriso
lid two points We're to be decided
irst, did Baxter kill Mary Ryan, an
'cOnd, what was his state of mind
he first point was not in dispute, tn
ldge said, and it remained for tn
ry to decide the second point to es
blish the degree of the crime. The
ust also consider another point. ]
e defendant had no specific intentio
killing Mrs. Ryan then it was no
ST daoraa nurdar