Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1914-12-04

lasted for two hours. Fully fifty at
torneys were in the courtroom and
heard the discussion. Authorities and
decisions were clted by the dozen.
The spectators stayed through it all.
The defense contended that the
warrant was issued in violation of the
law, and was therefore a nullity and
could not be used to prove anything.
Striking Illustration.
"Those officers might as well have
waved a rcd apple or a white hand
kerchief at Baber," said Flint Moss,
of counsel for the defense, in eX-
planning his position.
D. II. Limbaugh, assisting the pros
ecution, took the attitude that the de-
fendant did not know the warrant was
a nullity, and therefore was not eX-
Cusable for his act.
Cou. " Attorney Pat Malloy finally
explained that the introduction Of the
warrant before the jury was merely
for the purpose Of showing why the
officers went to the Baber hame Hc
admitted that the instrument was in
valid.
"Gentlcmen of the jury" said the
court when the jurors had been
brought back in and the warrant had
been introduced, "wC are permitting
the warrant to be introduced merely
TO show why the three officers were
at the Baber home, and not in jusi-
fioation Of any act committed by
them"
Wholesale Business.
on cross examination Justice Fit2-
hugh admitted that prior to the kill
ing he had issued over one hundred
John Doe" warrants TO Davidson, but
said they all had contained descrip-
tions of the particular places to be
searched He said he kept record
of all such warrants Attorney Mar
tin asked that he bring his docket
and all other records Of search war
rants into court Friday.
Ike Wilkinson was recalled TO iden-
tfy the copy of the search warrant
as the one that Davidson produced on
the porch Of the Baber home.
Attorney Martin sprung a surprise
by asking Wilkinson the following
question:
Did you, in company with Holmes
Davidson, have conversation near
the corner of Second and Boston on
July 23, about noon, In the presence
of the local agent for the Singer Sew
ing Machine company. And did
Davidson say to you that he wanted
you to go with him and raid the Baber
home, and you asked him If he had
a warrant. And id he reply that he
had no warrant; whereupon you said
you would not go without a warrant
And then did he say: Wei, If you are
too chicken-hearted to go, I'll go
alone. ?"
wilkinson replied that he had had
no such conversation there or at any
other place on that day.
Shotgun Introduced.
Chief of Police Foster n. Burns
Identified the double -harreled shot
gun that he found at Baber's home
shortly after the killing and which
Baber turned over to him. He also
identified the two shells he found in
the gun and the siX-shooter that he
picked up near the body of Holmes
Davidson. The revolver, he said, had
not been fired. He then identified
n flashlight and leather billy which
he found on DaVidsOn's body.
When he reached the Baber home,
in response TO a telephone call, said
the witness, Ba Der was on the front
porch and called to him TO come
ahead. lie later searched the house
with the sheriff and found no liquor
on the premises.
Robert Poe was called TO the stand
at 1890 o'clock
Poe testified in direct examination
as follows:
"On July 23 ! was visiting at the
home Of my brothor-in-law, near the