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

tailed description Of wound such
as had been given by Doctor lrNan,
could not possibly have been found
on probe, and the effect Of Doc
tor lryan being recalled will be
solely 10 show that his information
was derived from a post mortem
examination, Judge Breckenridge
ruled thar questions affecting any
thing else could not be asked by
counsel for the state. Doctor lrvan
viii take tho stand when court con-
venes this morning at . o'clock,
After the defendant had left the
stand yesterday Lee FiHhugh JUS
tice OF the peace AT Sand springs, was
placed on the stand as 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
ne issued the Baber warrant a suit
had already been instituted IN the
local courts IN which II was charged
that the issuance OF search warrants
by him 90 Davidson for execution IN
the city of Tulsa was Illegal
The state win have about eight
witnesses in rebuttal and this will
take up n large portion of today +
session. II IN practically assured that
the closing arguments In the case will
not begin until Monday morning,
Deputy Attorney I'D Grassland will
open for the state H. Is. Martin and
Flint Moss Will present the arguments
for the defense, but II Is not known
In what order they will talk. County
Attorney Pat Malloy will close for
the state. The case probably will
go TO the jury late next Tuesday aft
ernoon or Wednesday morning
Gross Examine Babcr.
Baber, who had been on the stand
all forenoon, was cross examined
further after the noon recess.
How did you happen to own the
delivery wagon in which you rode
home at noon on the day Of the trag-
ery?" asked Prosecutor Malloy.
81 owned the horse and wagon, but
a man ran 1t for me, doing baggage
hauling and such. | was supposed 20
get part Of the profits"
What business were you in at that
time?"
mo business. | had not run the
Cheyenne drug store for some time.
On redirect examination Baber told
additional details of the incident at
his drug store when Plank and David
son raided the place and he opened
the safe for them.
did you have any knowledge of or
interest in any liquor In the Cheyenne
drug store at the time OF that raid ?"
asked Attorney Martin.
mo, sir, ] did not"
Did they find any liquor in the
safe that you opened for them?
"They did"
Was Private Booze.
How did it happen to be there"
ed Smith, the manager, had
bought some sealed goods for his own
personal use ana had put the stuff
I'm the safe so no one else would get
It,"
was it on the finding Of that
liquor that YOU We're convicted at
McAlester?"
at was"
Did Plank and Davidson testify
falsely against You in that trial."
They did"
Have you taken an appeal in that
case?"
Il have"
Baber was excused at > o'clock.
Lee Fitzhugh was called by the de
fense.
He said he had appointed Holmes
Davidson a deputy constable, but DAY.
idson did not subscribe to a written
oath. He said he read he oath out
of "Snyder's code"
Repeat the oath now said AttOr-
ney Martin.
Il can't repeat it. ] don't know it,
Was No Vacancy.
AT the time you made the appoint
ment was there any vacancy in the
office Of constable in the city Of
Tulsa"
No"
AT the time YOU issued the search
warrant for the Baber home had there
not been an action in the local courts
in which il was shown that your is
suance OF such warrants TO Holmes
Davidson in the city OF Tulsa was IL
legal"
Yes"
And you and Davidson knew this