Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1914-12-09

| Mr. Jackson we met Babcr and jack
son told him what Plank had said"
on cross examination the witness
said he had never told Of the occur
renee to anybody but one man, who
! he did not know, he coming to Dewey
and asking him If he would come tc
| Tulsa and testify about what ne
/ heard Plank say i'm the federal court
| room corridor that day
T.. ID. jackson was the next witness.
He said that he was at present in
! the real estate business at Gushing,
/ okla. He was present in the federal
! court on the day that Plank made the
| statement testified to by Brown.
Warned Defendant.
81 had just been on trial in the
! federal court testified the witness.
"A jury had just brought in a verdict
| of not guilty. In the corridor outside
| Plank came up 10 me and said: We'll,
! you got Off pretty lucky, didn't you 90
! Then another man who was present,
and whom J did not know asked
! Plank about something about the
! Baber trial. Referring to Baber,
! Plank said: j will have to kill that
s-of a b., put him in the peniten-
| tiary or run him out Of the country.
Thirty minutes after that | met
! Babor i'm front of the Central National
| bank. ! hadn't seen him in three
years and after we had exchanged
greetings ] said to him: BIZ, you're
| in bad and you'd better be careful.
| Plank told me while ago that he was
| going to Kill YOU, put you in the per-
itentiary or run YOU out of the cOun-
! try Babor replied: Well you know
I'm staying home most of the time
now ! only come down town to at.
tend 10 my business.
On cross examination Jackson tes-
titled that he had known Babcr since
1892. He knew him in Coffeyville at
that time, he said. Babcr was running
mill there and the witness owned
a drug store.
"NVas YOU ever in the liquor bust
ness o" replied Prosecutor MalloY
Il never was,' responded Jack
son.
when did you first tell anybody
about what Plank said about killing
Baber?"
About three weeks ago, when the
attorneys for Baber notified me that
they would want we for a witness.
suppose Babcr had told them Of what
| told him on the street that day and
Plank Carried Gun.
Arthur Ray, a telegraph operator
for The Texas Company, testified
that he was rooming and boarding
at the home Of Mrs O. c. Monroe, ad-
joining the Baber residence, last July.
He was at the Monroe home on the
afternoon OF the tragedy. He detailed
the events that transpircd on that
"a a As.t . l..
third shot he saw Plank walk between
the Baber and Monroe residences with
one arm dropping and an automatic
revolver in his right hand. Later ne
saw Plank lying PROSTATE at the rear
of the Monroe home. He was nearer
the Baber home then than when he
first saw him
Court adjourned until o'clock
Wednesday morning.
Mrs .. &. Monroe, important wit
ness for the defense who gave the
main part of the testimony Monday.
was recalled to the stand when court
convened Tuesday morning for fur
ther cross-eXamination.
Mrs Monroe denied that she saw
blood on Planks clothing the day
OF the tragedy. Her testimony was
mistaken by fifteen or twenty min
utes Of cross examination.
ATTORNEYS Clash.
After Mrs Monroe left the stand
the state again moved for permission
10 recall Dr. II. ID. lrvan in the stand
to testify further as to / nature of
the examination he made 'he body
Of I'D Plank. which was Q mmed by
him at Clarcmoro several Us ago
This same question was IN -oughly
argued Monday and at that time
Judge Breckenridge overruled the mo-
tion. holding. in effect, that the state
could not reopen its case upon such
a question after witnesses for the de-
fense had already been on the stand
and testified to facts that tended TO