The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1914-12-07
.HEAR|MG|N
bABER TRIAL
At TULSA
EYE WITNESS TO THE KILLING
SAYS THE OFFICERS HAD THEIR
GUNS DRAWN WHEN THEY
WERE SHOT DOWN.

WERE SHOT DOWN.
Tulsa, Okla, Dec. "a. l. Sullivan
/ the nrst important witness for the de
/ Tense in the W J. Baber murder tria
and an eye witness TO the killing o
Deputy United States Marshsls Ed
| Plank and Holmes Davidson on Jul!
%. testified Saturday that at the tim,
] Plank and Davidson were shot, the!
| had their reyolNers in their handi
and d moment before exclaimed IT
get hin" Davidson, he said. had hi:
revolver pointed toward the Babel
home when Baber fired the shot thai
took Dayidson's life.
The prosecution was making good
headway in the cross-eXamination OF
sullivan, when court adjourned at
O'Clock, and sullivan will again take
the stand when court conyenes Mon
uay morning The state finished its
.ase at O'Clock Saturday afternoon
rreyious to that time the jury visited
the scene OF the tragedy.
Immediately after the state rested,
The jury was removed from the court
room, while attorneys for Baber made
NE charge that Robert Poe, one OF the
prosecution star witnesses. had been
.ntimidating witness lOr the defense,
and offered to introduce testimony To
,jroye the assertion. Judge Brecken-
ldge ordered Poe brought before him
Jut Immediately after court adjourned
and when officers were sent for Poe,
he could not be located. A deputy
sherin was instructed 10 have Poe in
,ne court Monday morning.
Specific Charges.
The defense charged specifically
chat Poe went to Mrs. Emma Pritch-
ard. a witness for the defendant, and
representing himself to be an agent OF
,he state, and told her that her sub
poena was illegal.
Mrs Pritchard was present and was
ready to testify to the alleged occur
renee, but the court declared that the
proof was not necessary at that time.
The prosecution declared that ii the
accusation was true Poe's conduct
Vas reprehensible and he should be
punished accordingly. They yolun-
teered to assist the court in ascertain
ing the facts in the case.
Very little progress was made Satur-
day so far as testimony is concerned,
.egal arguments and the visit OF the
jury to the Baber home and enyirons,
,aking up half the time The afternoon
session did not begin until $3.50. When
H. II. Irwin, the final witness OF the
state, had LETT the stand, the prose
cution attempted to introduce in eyi-
dence a court record showing that
Baber was convicted on liquor
charge upon the testimony OF Ed
Plank
Purpose Of Evidence.
The purpose of such evidence was
to show Babers state Of mind toward
Plank at the time of the killing. The I.
in question was held IL
legal by tine court and it was necessary
to wait until an original copy could
be brought from MuskOgee When it .
arrived, the defense again objected to !
It's introduction and was upheld by the
,ourt.
\. l.. Sullivan, driver of a bread
wagon, was called to the stand at 500
o'clock He testified that he was ar
'anging some loayes OF bread in his
wagon in front of the Baber home
when the shooting occurred After
rearing the first shot he said he turn
I'd around and looked toward the Ba.
Der porch. He saw three men on the
porch. all having revolyers in their
lands. After the second shot they
tarted away, Ike Wilkinson in the
cad, said the witness.
When Davidson got almost to the
idewalk, testified Sullivan, 'he raised
lis revolver as if to fire at the win. !
low, then came another shot from
he direction of the house. and David I
on fell. Just before that heard Plank I
ay to Davidson, "rll get him. Plank |
hen edged around the house and out :
sight.
Regarding the fourth shot the wit. {
ess stated he could not tell where it /
ame from, but that he saw the smoke
-om the gun near the back of the
ouse.
On cross-eXamination the witness ad