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

he would get Baher In the peniteu-
! lary, run him out Of the country or
! Kill the s-o-a-b."
This testimony IN support Of the
theory Of the defense that there
existed a conspiracy 10 murder Baber
came at the conclusion of the most
sensational afternoons session Of
court since the trial began two weeks
| ago.
Made In Corridor.
J. A. Brown for eight years chief
OF police AZ Dewey, okla, who as
sisted Planl, and Holmes Davidson in
many raids for liquor during the life
time OF the two United States deputy
| marshals, testified that Plank made
the threat against Baber's life during
a conversation with him in the cor
rldor of the federal courtroom i'm this
city last spring,
+. ID. Jackson Of Gushing, who said
he had known Baber since 1892,
swore that he was present i'm the
| corridor when Plank made the threat
and that thirty minutes afterward, i'm
company with Brown, he stopped
Baber on the street and told him
what Plank had said
During the afternoon attorneys on
both sides became involved I'm heated
dispute that was only ended when
Judge NJ. A. Breckenridge threat
cncd 10 take summary action against
the offending parties. His ruling was
met by applause from some Of The
spectators who were crowded mn to
the Judges bench and directly I'm
front of the turybox. Judge Brcck
cnridge thereupon declared ne would
eject from the courtroom any spcc.
tator who repeated the offense.
.,,orr,s Nj, !,
''''' MN ~
lhe attorneys mad frequently been
engaged IN bitter repartee. Upon one
occasion / llhl MOSS or counsel Ior the
ueiehse remarked that everybody
seems 10 uhderstand your proposition
cN'epunF yourself directing ms re
marx at prosecutor rat Malloy.
NaIoy couhieied with the stale
lncnI lhai understand perfectly
'llal 'llal Pou ran oui When ne Ilnlshed
ehuoWlnE you with intellect
torney Nnss addrogsin'o, tbo t,d,,,
declared that the ATTORNEYS on "his
side of the table" had said nothing
that was not provoked by those "on
the other side" He called attention
to the fact that the rights Of the de-
fendant were being violated
a
Attorney Ed Grassland I'm n loud tone
"and the states got some rights too.
Counsel was addressing mis- re-
marks to the court. Mr. Grassland"
admonished Judge Breckenridge.
well" rcplicd Grassland "he was
looking right at me and what | said
was meant for him"
Il will not stand for this sort of
thing in front of the jury" said the
court. AT this iuncture there was a
ripple of applause.
And that sort of demonstration.
too" quickly said the iudge. "will
force me to remove the spectators
from the room"
Half of the day was taken mn with
arguments over the introduction of
expect testimony and medical terms
again played a prominent mart in the
discussion. Arthur Raw. an eye-vit-
ness to part Of the tragedy was also
"''i'sH'
state Makes Fight
The cross examination of the wit
ness for the defense. as conducted Inv
Prosecutor Malloy. was perhans the
most relentless ever seen I'm n Tulsa
county court and his tenacious moih-
DDS frequently called forth angry oh
iections from counsel for the defense
II is probable that the defense will
rest some time this afternoon Tho
defendant and his wife will botb toe
tifv TODAY. providing new LEGAL arpu-
ments that will prolong the trial do
not arise.
DR.. G. II Butler who was on tho
stand when court' convened ofter tho
noon recess Yesterday. underwent a
lengthy cross examination I'm which
such medical terms ae "transverse
processes of the vertebrae' "Iomina"
and "cervical vetrebrae" nlaved an
important part. In answer 70 a hv-
pothetical question from the defense
the witness had testified that nor
son suffering from such a wound as
Was Inflicted ON plank couId have
walked n distance of 2bO Yards and
the wound would not have been nee
essariIv fatal.
noc,or nm c,on,
VII ''"
by series OF hypotheucal ques-
uohs, PROSECUTOR Malloy attempted
also 10 prove that the wounds received
Oy ilahk mlBht nave produced IN
Ht sls anu Tauseu ms almost
tn,,is, as liV" w, l,e on
JJ','.,t % '..'c w I,ioSt oi 'hese
., VIZ Sua'ail,cu anu the
49,, Va uiIapIo W sim tHe teS'I
~, VI ,t' Dpe.oi "u'iei az gwen oil
D, NJ Do, uAaii'iI."t y, tloi, LII -. -.
aui ~ DIV H. lhv Ids' expert
W pe uSht III ny the ueIehse' was
pIopouhueu tne same hypothetlcal
questloI 9,'' as nag peeh asheu the olhei
fo,,,,,1 pi,y siI ans Us, ] ne sur; however,