Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1914-12-13
ARGUMENTS IN BABER
Case START MONDAY
BOTH SIDES IN MURDER
TRIAL RESFED YESTER-
DAY AFTERNOON
CLAREM0RE MEN HERE
Character Witnesses for Plank,
The Slain Officer; To the
Mry Tuesday.

All testimony in the W j. Baber
murder trial was completed yesterday
afternoon at o'clock and both sides
rested Judge NJ. a. Breckenridge de
Clurcd a recess uutilS o'clock Monday
morning, at which time hc VIII read
his instructions to the jury The argu-
monts VIII be started some time Mon
day forenoon,
Immediately after adjournment yes
terday Judge Breckenridge began
worl, on the instructions, which Will
play a more important part I'm TINS
case than any murder trial ever held
in Tulsa county for the reason that the
legal authority back Of the three
deputy United States marshals' visit
to the Baber home ON the day of the
tragedy has been brought into ques-
ton.
-Four Arguments.
Immediately after the jurors have
received their instructions tomorrow
morning Deputy County Attorney Ed
Grassland will begin the opening arEu-
mcut for the state lie will be fol-
lowed by H. B. Martin and Flint Moss
counsel for the defense, and County
Attorney Pat Malloy viii close for the
state The ease probably Will 20 TO
the jury late next TUESDAY.
The case has been the most bit
torly contested lawsuit ever tried IN
this part of the state and the closing
arguments are expected TO be not only
oratorcal gems, but legal master
pieces as we'll
The most important development
yesterday was the Introduction by the
state Of rebuttal testimony tending to
show that the deceased officer Ed
Plank, was not of a turbulent, violent
disposition and too apt TO draw his
gun. Six citizens Of Claremore fur
nishcd this testimony but under re-
lentlcss cross examination they gave
evidence that proved of more benefit
to the defense than the state. None
of them knew Plank's reputation in
Tulsa and all of them admitted that
he had shot man at Claremore and
hit another one on the head with his
gun in Tulsa,
Witness Was Fresh"
G. u. Davis, cashier of Il Claremore
bank, engaged in a wordy war with
counsel for the defendant and was
severely reprimanded by the court.
Judge Breckenridge declared after
ward that he was several times on the
verge OF sending Davis to Jail for con-
ID. tempt as the result of his conduct on
the stand.
Sheriff Hiram stephens Of Rogers
county, another of the Plank char
acter Witness made the remark on
the witness stand that he didn't hold
Planks conviction in "A Tulsa court on
a charge of assaulting a man with a
revolver as anything against Plank
because they can convict man of
ANYTHING here" An instant later he
qualified his insinuation against the
Tulsa county courts and citizenship
by saying that he meant they could
convict "A man of any crime here"
The defense objected TO the intro
duction of testimony concerning
Planks reputation in Claremore, but
after delving into legal authorities on
y subject, the court held that such
testimony would be permissible.
The first Of the Claremore character
witnesses was Davis, who testified that
Planks reputation as man Of dan
gerous temper and being apt to use
a gun was good as far as he knew
lie then became defiant on cross eX-
animation and answered many ques-
tions only after being ordered TO dc
so by the judge.
Plank Was I'm "Pcn."
j. Ryan, who said he had been a
member of the school board and of the
council mayor and police judge OF
Claremore, was the next witness. He
said Plank was not considered in
Claremore as a man OF violent char
acter. on cross examination he ad-
mitted that Plank had once shot a
nan at Claremore and said that he
had heard Of the deceased being con
victed in Tulsa for assaulting man
named Eldridge. He had also heard,
he said, that Plank was once con
yicted of larceny and sent to the
penitentiary
Sheriff Hiram stephens Of Rogers