The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1914-12-13
bAbER TAKES
STAND IN HIS
OWN DEFENSE
SAYS He KILLED THE DEPUTIES
IN DEFENSE OF HIS HOME -
MRS. BAsER REcALLED-cLoS.
ING ARGUMENTS MONDAY.

Tulsa, OKLA. Dec. 1.-THE de-
fense in the ". J. Baber murder
case rested Friday afternoon at two
O'Clock. after the defendant had told
in detail OF the events prior 10. dur
ing and after the tragedy at his
home in this city July %, when he
shot and killed Deputy United States
Marshals Holmes, Davidson and Ed
. Plank.
Baber declared emphatlcally that
he fired the fatal shots in protection
OF himself and his home. He did
not shoot, he swore. until after both
Davidson and Plank had drawn their
reyolyers on him. He had previously
asked them to produce a search war
rant and they replied that they did
not need any. according 10 the tes-
timony
Immediately after the defense had
rested, the state renewed its motion
10 recall DR.. H. D. Iryan. the states
medical expert. to the stand. After
the motion had been argued for two
hours Judge VI. 4 Breckenridge
ruled that DR.. lrvan could be re-
called. but only for the purpose OF
testifying that the examination he
made Of the body OF Ed Plank was
''post-mortem" and not probe"
The state sought to recall Dr.. Iryan
for the purpose of proving that the
wound in Planks back was more
serious than DR.. Irvan first testi-
fed. 1t was on DR.. Iryan's testimony
that the defense based its hypotheu-
cal question that was propounded to
six medical experts and to which
each answered emphatically that
man with a wound such as the one
described by Irvan could have walked
distance of 2j0 yards. DR.. Iryan
had previously sworn that a wound
of this nature would prevent a man
from taking a single step, thus sup
porting the theory of the state that
Plank received the fatal wound while
lying in the weeds at the rear of
the Baber home
Gilbert Testifies.
Dr.. J. c. Gilbert, one OF the ex-
perts for the defense, testified that |
a detailed description of a wound as
had been given by DR.. Iryan could .
nOI possibly have been founded on
a probe" and the effect of DR.. IT.
van being recalled will be solely to
show that his information was de-
rived from "post-mortem" exam
ination.
Judge Breckenridge ruled that ues- !
tons affecting anything else could not
be asked by counsel for the state. Er
Iryan will take the stand when court
convenes Saturday morning a: bine
o'clock.
After the defendan, had left the
stand Friday. Lee Fitzhugh, justice
of the peace at Sand Springs, was
placed on the stand as a witness
for the defense. He admitted that
in swearing in Holmes Davidson as
a special constable to serve the
search warrant on the Baber home.
Davidson did not sign a written oath
according to law. He also admitted
that when he issued the Baber war
rant a suit had already been insti-
.uted in the local dburts in which It
was charged that the issuance of
search warrants by him to Davidson
'or execution in the city of Tulsa
vas Illegal
The state will have about eight
witnesses in rebuttal and this will
AXE up a large part of Saturdays
session. II is practically assured that
he closing arguments in the case
will not begin until Monday morning.
deputy County Attorney Ed Cross
and will open for the state. H. B.
Martin and Flint Moss will present
he arguments for the defense but It I
5 not known what order they will =.
ak. County Attorney Pat Malloy
yill close for the state. The case
will 20 to the jury late
ext Tuesday afternoon or Wednes-
ay morning.
Mrs. Baber on Stand
In the cross examination which be-
an before noon and extended some
.me into the afternoon Baber stated
hat at the time of the tragedy he
as not connected with the Chey-
nne Drug Store and that the evi-
ence on which he was formerly con-
icted on a liquor charge came from
vault which he opened for Plank
I'D Davidson. The liquor. he said,
as a supply which clerk was
eeping there for future use
Lee Fitzhugh. Sand Springs justice
the peace. who issued the search
a r-au- admitted on the stand Fri