Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1912-01-27

Clerk E. A. Hobbs, who had previous
| ly testified that there had not been
any state license issued to G. T. H.
Baker after the 1st day of July, 1911,
lwhen the state should have shown
that there was no license in effect
after the LIST day of July, 1911.
The next witness called was w w.
Kimmell who testified to several pur-
chases made by him from Dutch"
Baker. These purchases were made
at the request of Detective H. Feilel-
baum.
The next witness introduced was
Jesse Albright, who testified that he
| had made several purchases from
Geo. T. III. Baker; that these pur-
fchases were made during the months
Of November and December. The last
purchase was made couple days be-
| fore the raid which was on the 10th
lday of December last. He testified he
purchased a quart of liquor at this
time in two pint bottles and paid him
| so cents for each pint; that he first
went to Dutch" Baker and asked him
| for the whiskey; but he referred him
TO Geo. t. H. Baker who took him up
stairs left him in the hall and went
TO another part of the house and soo1
returned with the whiskey. The state
relied upon this sale. having been
compelled to elect single sale upon
motion of the defendant The state
then rested its case.
Evidence Excluded.
The defendant Immediately went
| into conference with his attorneys,
is. w. Walker, j. M. Woods, w. c. Kill
mer and H. H. Emmert. After an ex-
| tended conference in the judges loom
they returned and made several mo-
tons /, to exclude the evidence of DR..
Kortright; 2, the exhibits of whiskey
which were piled before the jury; 3,
oonsignments of beer introduced by
the records of the G, V. and b. & o,
Railroad Company's agents.
The state consented to the exclu-
sion OF the evidence relative to the
consignments of beer and the court
icyerruled the other motions. The de-
PENDANT made a motion to exclude
the government license but this mo-
ticn was also oyewuled. The defen-
dant thereupon rested his case with
out Offering any evidence. Instruc-
tions We're read to the jury on behalf
If both the plaintiff and defendant
and the case went to the jury at
o'clock Then after being out about
three quarters Of an hour the jury re-
turned verdict Of guilty as charged
in indictment No. 1.
1t is understood that indictments
Nos. two and three will not be tried
st the resent term of court These
indictments were for the same Of
fonse but showing different sales Of
liquor.
Baker Gives Bond.
When court convened this morning
!, at $50 George T. H. Baker appeared
and gave bond in the sum of $500 for
his appearance in court February LIST,
az which time Judge Faulkner will
pass on the motion for new trial;
anu II lhC NClhANb III luC july 10 oNo
tained said prisoner will be seatenc-
cd. H. p Thorn became Bakers
bcndsman.
John creque Case.
Then the case of the State agai-st
John p Creque, indicted for selling
liquors at his saloon in violation OF
the law, was called for trial and both
sides were ready
The opening statement was made
| by W. w. Downey for the State, and
was along about the same lines as in
the Baker case.
The opening statement for the de
tense was made by H. II. Emmert, N
which he INDUCED in some caustic re-
marks about the methods of the
prosecution in the Martinsburg liquor
cases, declaring that it was more like
persecution than prosecution as af-
fectiag the defendants. The trial
then proceeded
The first witness called to the
stand was County Clerk r. A. Hobbs
who testified that he had issued no
liquor license to Creque.
Justice S. S. F'elker testified to the