The Washington times., 1909-03-01
Suit Against B. II. Warner
For Damages Resumed
Today.
BOOKMAKER'S CASE
BROUGHT UP AGAIN
Counsel For Defense Insists Dis
trict Attorney Answer Legal
Questions.

Ia rapid crOssfire of question OBJ
lection and answer. the defense i'm the
case OF Daniel W. Baker. the District
Attorney. who is suing Brainard H.
Warner for $4,000 damages, on grounds
of alleged libeIous statements published
at Mr.. Warmers iustigation. opened to-
days session in Circuit Court. No .
The real contest began during the first
few questions when Nh Baker ampli-
ned his statements TO Attorney Darling
ton, and the lawyer remarked:
II think. as a lawyer and an iuteIli-
gent gentleman, YOU can answer sim
pie question"
Il claim to be both lawyer and am
intelligent gentleman" the witness re-
piled.
Mr- Darlington then sought TO draw
an analogy between the cases OF Cline,
tried by Justice Bradley. and Walter.
tried by Justice Stafford, both on
charges OF setting up gaming tables.
Defenses' Views.
The defense declared that in Judge
Stanord's later decision. which freed
Walter on the ground that there was no
law covering the case, and Judge Brad
against Cline. should have had the same
effect, and deferred Mr. Baker from
bringing the test case. which he says
tied his hands so that he could rot
continue the prosecution of the gamblers
M Benning
eff the decision OF Judge Stafford tied
your hands. why did noc Judge Brad
ley's prior decision have the same ef-
feet? ,"
In the Cline case no locus was
proved" Mr.. Baker answered 81 be-
lieved L could establish one. and did in
the Walters case. Then there was no
1ight of Government appeal I'm criminal
cases at the time Cline was acquitted "
OF what effect DO YOU think the right
of appeal when granted had in untying
your hand2'
THE District Attorneys office came
to the conclusion that we might get
The case into the Appellate Court and oh
tain a different decision in 4 test case
'rhe Congressional act. abOlisnins racing
in the District. however, was passed be-
lore the appeal was heard
Davis Objects.
Here Mr.. Davis. for the complainant,
objected TO question OF Mr. Darling
tons on the ground that Mr.. Darling
ton had not stated the object Of the
interrogation. He later interposed an
lel The Cline ard Waters cases when the
defense declared that at the time of
The Waters case, Mr.. Baker was inVOIv-
ed In q partisan tight i'm Maryland pol
itCs: that he should have stayed at
home and attended TO his official duties
and that. although he refused 20 pros
ecute the bOOkmakeTs after the Walters
decision, he had before that time CON
tinued prosecutions under similar con-
ditOus.
This inquiry about the race track
In the article upon which this suit is
based" objected Mr.. Davis. "was on
the heels OF the question Where does
The money come from which is being
used to fight Mr.. Waters and j
think there is no such construction
possible OF the question as that ad-
NN-anced by the defense. chat il was q
IeCttF.ate criticism OF - Bile Off
ciai and not meant 10 imThne Mr..
Bakers integrity / object TO the
questions Of the defense a. irrelev-
what effect did you consider the
Cline decision had upon the prosecution
OF the gamblers Nj Darlington ask
ed Did you thing 1T stood in the way
of bringing cases against the race track
men,
In = raid case. yes replied Mr..
Bakcr- in bringing q test case with
the purpose OF taking the matter on an
appeal, no"