Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1914-12-11

statement which was used by the
state in cross examining Mrs. Poe
Several prominent Tusans testified
that the deceased, ed Plank, was OF
a violent. uuarrclsome disposition and
likely to use a gun without proNooa-
tiun.
Mrs sylvia Poe. under direct ,X-
|amination Wednesday, gave tcs imoAy
contradictory to that of Robert Poe,
her brother iu-law, who was prom
! iucnt Witness for the state. Whe"
court convened yesterday morning
/ Mrs. Poe was on the stand and PROSE
cutor Malloy launched into severe
cross examination Of the witness.
Stories Conflict,
referring to typewriter tran
script of "A statement Mrs Poe is
said to have made in the county at
tomcys office three weeks ago,
| Prosecutor Malloy asked the witness
/ If she did not state at that time that
while the shooting was going on AT
the Baber home Robert Poe was IN
"a position where he could have seen
the rear of the Bcber home.
YES" replied the witness, but l
didn't know what you meant. Poe
was in position where he could not
possibly have seen It,"
The defense objected TO this meth
cd Of cross examination, asserting
that the state had secured the alleged
statement from Mrs. Poe under
third degree methods
From where you were standing
asked Prosecutor Malloy. could you
have seen anyone come out Of the
Baber home and shoot man ~
"NO sir, | could not.
"Tn your conversation with Reeves
lin the county attorneys office, did
YOU not say that you could have seen
that occurrence had you been looking
in that dircctionY'
"Yes, but ! didn't know what you
meant"
ON redirect examination Mrs. Poe
declared that George Reeves ana an
Italian detective named Gaparlhl
came 10 her home few weeks ago
and told her they wanted her to 90
to the county attorneys office.
Would subpoena Her.
"Mr Reeves told ne" testified.
chat if | wouldn't 90 they would
subpoena me and probably would
cause me more trouble than II went
peacefully
'Who was in the county attorneys
office when you made the state-
ment?" asked counsel for the de-
fcnsc.
MIR Reeves, Mr.. Grassland, Rob-
ert Poe and the Italian man
How many men were asking you
+ questions"
Two"
The witness was then excused.
lack Smith, "A city policeman AT
West Tulsa, was the next witness. lie
! told Of a conversation between BaDer
and the two slain officers, In front
Of the Cheyenne drug store on First
I street. shortly before the killing
: Il stopped my buggy In front OF
:, the drug store" testified Smith, ana
, spoke to Baber. We were stanalht
= i'm the street Plank and Davidson
. came out of the drug sore and walked
= slowly toward and past Baber and /
=. Babcr said to them: Boys, did you
: have any luck? Davidson replied
no. YOU know we didn't, but we VIII
. have some luck later on. Wen gel
ID YOU sooner or later, If not In one way
then another Plank spoke up, say
ing: Yes, we're camping on your
r trail every day They then walked
b. on and Baber laughed. Nothing more
was said
/ No Special Friend.
!. on cross examination the witness
N was asked by Prosecutor Mallo!
where he first told Of this converse
= tion.
-. ut was at Terleton. okla" he re
piled, ION the day the shooting oc
CURED. | believe | talked to yo'
about IL there. You were making
j. speech I'm Terleton. To tell the truth
. | wish / had kept It to myself. be
y cause II you tell anything It's boun'
TO spread"
The witness said that he was M
:; more OF friend to Baber than t
u Plank and Davidson.
.. W. X. Campbell. u pioneer harnes
:. and vehicle dealer here, said that h
- knew Plank for 80 years and tina
Plank was considered of turbulent
g. quarrelsome disposition and apt I
use gun. ON cross exanihatiot
witness said he had heard on severa
occasions OF Plank making gun pla
and that he was too hotheaded 70
an officer. He once heard Joe Ap
pleman predict that Plank would ge
killed on account of his disposition.
Convicted for Assault
s Lee Kunsman, a clothing merchant
ID said that Plank's reputation as dan
lie gerous man was bad. On cross eX
ID animation he said he knew OF Plan
having been convicted In the loca
n courts Of assaulting man with
" gun
le f.. b. WormlnEton. proprietor Of
% barber shop. testified that Plank
IT reputation I'm the community as
Ia dangerous man was bad. He ha
+ heard OF him drawing "A gun unneces
e, sarilv several times He witnessed
? display OF Plank's temper when tn
ID latter arrested Billy Miles In the allie
II, alongside his barber shop. Plank, h
a said, pulled Miles out of his bJgyl