Evening star., 1909-02-25
DISTRICT ATTORNEY SUES
SEEKS TO RECOVER DAMAGES
FROM BRAINARD H. WARNER.
Hearing Of Action Begun Today in
Circuit Court No. 2-Plaintiff
Asks for $4,000.

Trial was commenced this morning be-
fore Chief Justice Clabaugh and a jury
in Circuit Court No. 2 of the suit for $780,
600 damages filed by d. w. Baker, United
States attorney for the District Of Column
bia against Brainard II. Warner for al
legged libel. The suit is the outgrowth of
the recent campaign of Mr.. Warner
against Col. George A. Pearre for repre-
sentative in Congress from the sixth
Maryland district.
Mr. Baker charges that Mr.. Warner
prepared and published two advertise
ments in the Washington Herald last
March calling attention to Mr.. Baker s
interest in the campaign then in progress.
and from the language OF which, II is
claimed, the inference might be drawn
that MIR. Baker was receiving money for
use in the campaign from the local race
track interests for allowing betting 10
continue at Benning.
After an opening statement by At
torney Frank J. Hogan, of counsel for
Mr.. Baker, officers and employees of the
Herald testified that the advertise
ments were received at the Herald Of
fice in the handwriting Of Mr.. Warner.
although published anonymously, and
in the regular course of business:
Samuel McComas Hawken. clerk of
Criminal Court No. ] testified as to the
various prosecutions brought by United
States Attorney Baker under the anti
gaming law. which eliminated in the
Walter decision by Justice Stafford,
which held that the perambulating sys-
tenn of betting in vogue last year at Ben
ming was not illegal.
Mr.. Baker was the next witness. He
told of his appointment as United States
| attorney in September, 1900, and that ne
was familiar with all the anti-gaming
prosecutions prior to his appointment. De-
spite the fact that the last case had
been decided against the government.
Mr.. Baker said shortly after he had
come into Office he had secured the in
dictment of bookmaker at Benning.
who was convicted under a decision of
Justice Stafford, holding that bookmaking
as then conducted at Benning was un-
lawful. Immediately following this con-
VictiOn. the witness said, the old method
of betting was dropped and the peram-
bulating method was inaugurated. and
that he then had another "bookie' in
dicted under this new system. This in
dictment failed. because Justice Stafford
held the method legal
Mr.. Baker proceeded to tell that he and
Mr.. Justice Gould. who is referred to in
one of the articles complained of. are
both residents and voters in Montgomery
county. Md. and were supporters of Col.
Pearre in the last campaign. He and
Judge Gould, he said, attended a meeting
| of the campaign directors in Rockville at
the time referred to in the articles. but
declared that at no time was the question
of money discussed at that meeting.
Mr. Baker also declared that there ex-
listed no foundation for the intimat ion
that the Washington Jockey Club or any
one remotely connected with it was fur
nishing the money necessary to finance
| the Pearre campaign.
| Mr.. Baker was being cross-eXamned
by Attorney j. j. Darlington, representing
! Mr. Warner. when this report closed.
Attorney Henry E. Davis, former United
States attorney. and Attorney Frank j..
| Hogan appear as counsel for Mr.. Baker.