The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1909-02-26
Demands $4,000 Damages
from Brainard Fl. Warner.
AN ECHO OF PEARRE CAMPAIGN
Action srn.rs Cut of paid ADVERTISE
ment Concerning Political Confer
ences and Methods OF Raising the
Money in Interest of Candidate.
Explains Gambling Prosecutions.


his hands were tied against further
prosecutions against race-track gam
bling because Justice Stafford dismissed
an Indictment against John Walters, IN
der a law which then allowed book
making outside OF the mile limits. formed
g large part OF the argument Of counsel
in the hearing, begun yesterday. before
Chief Justice Clabaugh and jury in
Circuit Court No. Of the $4,000 libel
suit OF Mr.. Baker against Brainard Il.
Warner.
The district attorney was made the
neither milestone in a protractsd contro-
versy between Attorney Henry E. Davis,
Of counsel for the plaintiff, and J. J. Oar
Nngton. representing Mr.. Warner.
Raee-TraeI> Prosecutions.
Nj Darlington, on cross-examination,
directed questions at 8Ir. Baker regard
ing bis attitude toward the prosecution
OF race-track gambling. Mr. Davis OBJ
3ected-
IF your examination" he said. is 10
show whether OF not Sir. Baker was act
ing IN good faith, I shall Immediately
withdraw my objection, but II you wish
70 show Mr.. Bakers correctness or in
correctness in assuming he was not al
liberty 10 prosecute further test cases
against race-track gamblers, shall main
tain TO the end Of my days that il is not
q proper CTOsS-eXzminatiOn-
Mr.. Baker on being allowed 70 proceed.
reviewed the decision Of Justice Stafford
dismissing the indictment against John
Walters.
7 had q conference with the justice,
said the district attorney He told me
the statute was as he had Interpreted II,
and that it then became a case for Con
gress. which had the power of changing
the statute. and not for the courts. which
were in duty bound TO act upon the law
as il stood Ny hands were tied and I
could DO nothing
And you did do nothing asked Nj
Darlington
I did nothing further. was the reply
Had Received Letters.
In answer 10 a question earlier in the
hearing from M Davis as TO whether or
not. after the decision in the Walters
case, the district attorney had had other
requests 10 prosecute the gambling inter
ests, Mr. Baker said he had received let
tiers IN regard to the matter from the
District Commissioners
The suit grew out Of the Congressional
campaign in which Mr.. Warner and Col.
George A PeeTre were rival contestants
for the Office Of Representative from the
Sixth district Of Maryland
paid advertisement. written By Mr.
Warner, was printed IN The Washington
Herald on March q. 70 which Mr. Baker
took exception. Il referred TO the at
tendance by Mr. Baker and Justice Gould
OF the District Supreme Court, al a politi-
Cal conference in Rockville on March =
last
The construction placed on this and other
advertisements by the representatives Of
the district attorney is that they sug-
gested that the money used 10 finance
the PeaTre campaign came from the race
track men.
Mr. Bakers Contention.
Mr.. Bakers declaration in instftuting
suit refers 20 the articles as .'maIiciouslv.
wickedly. and frauduIently contrivInE 70
injure the plaintiff in his good name
fame. and credit. and 10 bring scorn. pub
lie scandal infamy, and disgrace upon
him, and to injure him In his Office IS
United States attorney for the District Of
Columbia He further characterizes the
insertion as "a certain false. scandaIous.
malicious. and defsmatory libel
Mention OF Mr. Bakers trip 10 Rock
vile 10 hold a political conference was
made in his examination By Attorney
Davis.
Did you talk over how 70 beat War
ner2" he asked
Yes, answered NIr. Baker. that's
what We went there for
on oroSS- examination Mr. To--r7rf r-+o-,
asked in regard % the conference. # the
question Of funds was talked over.
The district attorney emphaticaIly an
swered No
The hearing was opened with q state
ment by Attorney Frank 7 Hogan. asso-
ciated with Attorney Davis as counsel
for Mr.. Baker.
Explains the Contract.
The first witness called was Paul F.
Cain. assistant treasurer OF The Washing
ton Herald. He testified Mr.. Warner had
contract with The Washington Herald.
the consideration Of which was his per
sonaI check. for a series Of short articles
published from March y 10 April last
he told OF the process through which
the articles went IN the business Office
Henry Ransom. clerk in the business
Office Of The Washington Herald, told Of
his receiving the article in question when
II was brought in
Aside from the testimony Of these two
men, the attorneys for Nir. Warner said
they had no intention Of denying the
business relation between their client and
The Washington Herald.
Testimony as 70 the various prosecu-
tons BY United States Attorney Baker
under the anti-saming Law. eliminating
in the Walters decision by Justice Stat
ford. was given by Samuel Nee. Haw-
ken, clerk OF Criminal Court No. l.
Mr. Baker was on the stand the great er
part 81 the afternoon He told OF his
appointment as United States ATTORNEY
in September. 1895. and said he was famn-
lar with al the anti-gaming prosecu-
tons prior 10 his incumbency- He said
that shortly after he came into Office he
procured the Indictment OF book
maker al Benning. who was convicted
under a decision Of Justice Stafford.
holding that boOk-making. as then con
ducted at Renning- was Illegal. He testi-
ned that Immediately following this con
viction The old method Of betting was
discontinued, and the perambulating
method was adopted. He had John
Walters indicted. he said. under the new
system. but the indictment failed. IS