The Washington herald., 1911-02-07

Important testimony was brought out
yesterday afternoon in the case of
Charles G. Baston. a former policeman.
| who is on trial in connection with the
| killing of his wife, Catherine Baston. Oc-
tober I last. in Thirtieth street. near NJ
street northwest. The trial is being held
before Justice Wright and a jury. Capt.
Cassidy Cook. a well-known criminal
lawyer. of New York. occupied a seat
on the bench as the guest of Justice
Wright.
The government claimed that the kill
ing was deliberate. following a quarrel.
and the defense argued that Mrs. Baston
came to her death as the result of an
| accident following a scuffie for the pos
session of the pistol, which she had
| taken out of her husbands pocket.
boy Describes Shooting.
Gibson r. Hollngsworth. fifteen years
| ing the afternoon session. He made the
direct statement that Baston fired the
shot which killed his wife: that he saw
| the shots fired: that the revolver was in
Baston's hand; that he saw Mrs. Baston
| fall with the second shot, and that there
| were five shots fired altogether. Hollings-
| worth said that on the night in queS-
| ton he happened to be near the place
where the shooting took place. He said
| he saw Mrs. BaSton follow her husba nd
| along the street calling him vile names.
| Thereafter the shooting took place.
The witness described, with the crer' $
! Cavel, by pounding on the desk before
| him, the quick succession of shots as
| they were fired by Baston. Being cross
tically unShaken.
Howard King. a boy of about twelve.
also testified As to the shooting. and de-
Scribed. on a map or chart, upon which
was marked out the neighborhood where
the tragedy occurred. the movements of
BaSton and his wife on the night in
| question. King also testified that Mrs.
BaSton followed her husband. calling him
vile names.
| AS he was on his way home with his
wife. carrying one of his children in his
| arms. Alonzo T. King testified. Il saw
Mrs. Baston lying on the ground. and l
said to Baston: My God. What have
you done?" King said that Baston
seemed to be drunk
Contained Empty Shells.
Theodore c. Lipscomb. a policeman.
testified to seeing Baston sitting on the
sidewalk with his head between his
hands. and Mrs. Baston lying PROSTATE
near him. Iipscomb identified the re-
volver. which he said was No. "a. and
which he turned over to Capt. Schneider
of the Georgetown precinct. Witness
said that the revolver contained five
empty shells. and that when he took it
S:,iH II if'S all
right" The officer took him to the sta
ton. and on his way passing the post
office Baston stopped, and taking off his
hat, pointed to two holes near the hat
band, saying: This is where l tried To
fix myself. and made a d poor job
of it, Witness said that Baston i'm
pressed him as being little unsteady"
Police Officers John $. Custer and Hugh
McDermOtt testified to hearing the shots
and taking Mrs. Baston to Georgetown
University Hospital in a patrol. Custer
stated that she was dead at the time,
and McDermott Thought she was uncon-
scious.
Mrs. Mary A. Hurley was recalled to
the witness stand, and in reply to QueS-
tons said that she did not see the Bas-
tons scuffle, if they did; that she had
been asked that question repeatedly by
the police. and that she had denied it
SNSty thlie-
Police Captain Testihes.
Capt. Henry Schneider testified as to
the bringing of Baston to the precinct
station. following the shooting and his
arrest He called to Baston'S attention that
whatever statement he might make in
connection with the affair might be used
against him. Baston did not say any
thing. according to witness. THE re-
N-n1 chr nf haN
Gently neen fired, and Baston looked as
if he had been drinking. but he was not
drunk" said Capt. Schneider. The officer
testified that about SIS in cash was hand
ed over to him by Policeman c.. S. Bur-
roushS. the money belonging to BaSton.
who is alleged to have said that that
vas left from his pay
Charles A. Evans detective sergeant,
testified as to his meeting Baston at the
Georgetown station house. and that Bas-
ton refused to make any replies to his
questions. Witness said that Baston
had apparently been drinking but was
not drunk
Mrs. Lillian King, government wit
ness. but who was not called upon by
the prosecution to give her testimony
was called by the defense, and sprung a
sensation when she testified that Mrs.
'Baston called her husband vile names
ana threatened 10 XIII MIN. Mrs. King
said she heard Mrs. Baston ask her hus-
band where his pistol was. and that he
answered, II got it." Witness said she
say the struggle. and could not tell who
discharged the revolver.
Confused on Stand.
Upon cross-examination Mrs. King be-
came confused, her testimony being en-
tirely at odds with the statements she
is alleged to have made to Detective Ser
geant Evans. who saw her a few days
after the shooting
The opening statement for the defense