Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1914-12-13

hot headed 10 be an officer, asked
counsel for the defense.
81 don't remember whether } dld
or not"
"Whon Plank started to take the
position as deputy United States mar
shal didn't you advise him not 10 do
so, telling him that he was too hasty
| for such a job''
Yes, ] did
Had Been L. $. Man.
H. II. Jennings former United
States commissioner and postmaster
at ClarCmOrc, was the last witness
Coming to Tulsa on the train to-
day asked Attorney H. B. Martin Of
the defense, did you not tell young
man that Plank was entirely too hasiy
as an Officer
81 did not
He said he had read I'm the Tulsa
| World about the EldTdge case, but
never paid any further attention TO it
and didn't know whether Plank was
| convicted or not He also knew Of
| Plank shooting man at Clarcmore.
The judge then gave the jury the
usual admonishment and declared It
recess until Monday morning lie
! Immediately retired to chambers and
/ began work on the instructions. He
/ probably will work Sunday also on
/ the Instructions In order TO have them
| ready by Monday morning.
DR.. II. ID. Irvan, the states medical
| expert, took the stand at 1890 o'clock
a. IN. Saturday, in accordance with "a
ruling Of Judge Breckenridge which
! permitted him to be recalled by the
state.
Referring TO the examination the
doctor made Of the body Of Ed Plank
]
asked the witness this question:
Did you make probe Of the
wound?"
No"
could you have determined the
things you testified to by a probe? ?'
What instrument did you use in
making this examination ?"
knives"
And you used the knives for what
purpose ?"
I'm cutting the tissues of the
body"
The state they began the introduce
ton OF rebuttal testimony.
Lee on Stand.
Frank Lee Of Muskogee former as
sistant United States attorney in this
district was called to the stand, He
testified that shortly after the Baber
tragedy he went to the residence OF
Mrs. Emma Pritchard in company
with Deputy County Attorney Ed
Grassland to secure a statement from
her.
did she not state" he was asked,
that she didn't know anything about
the killing and didn't see any Of 1t"
she said that" was the answer.
On cross examination Lee admitted
~. a laa rtglf f.I sc
Pritchard he was interested in the
prosecution of Baber
George Reeves, second deputy
county attorney was on the stand for
some time He was questioned as
follows by Prosecutor Malloy:
did Mrs. Sylvia Poe make a state
ment In the county attorneys Of ice
some time ago in which she said that
if Robert Poe was standing and look
ing in the direction of the shooting at
the rear of the Baber home he could
have seen it?
"S'he did"
Ibid she say he was standing where
he could have seen the occurrence p
"S'he did"
did she say that had he been
looking he could have seen the fourth
shot fired?"
Yes, SIR"
"Did she say that she was not look
ing In the direction where Plank was
picked up and that If she had been
looking she could have seen anyone
who came out and shot him."
Yes"
did she say that Robert Poe was
standing just behind her at this time
and could have seen all she saw if
he had looked?"
"She did"
Attorney Martin then began a
rather sensational Nross- examination
of Reeves.
you are assisting in the prosecu-
ton Of this case?'
YES"
you went TO Mrs Poe's residence
with a detective named Gabarini
didn't you, and tried to get Mrs. Poe
to go some place and be examined ~
~ asked her to go to the county
attorneys office and make a state
ment of what she knew"
Didn't she tell you that she didn't
want to go?'
"she said that she didn't know any
thing and there was no use of her
going"
And Notwithstanding she did not
want to go, you brought her against
her will, didn't you?'
mo. sir"
Didn't you and Gabarini and Rob
ert Poe and u. II. Linehaugh and Roy
Hoffman surround her while she
was being examined
I'VE were all there but Mr.. Hoff-
man examined her"
Didn't several of you ask her Ques-
tions at the same time?'
NO"
DIDN'T SEE STATEMENT
did YOU afterwards give her an op'
portunity to see what you wrote and
what you claim to be her statement?
mo, / didn't have an opportunity
to-"
,y,,, ,,.,ro mt ma "a 1yvpd upr,