The Climax-Madisonian. (Richmond, Madison County, Ky.) 1914-1917, 1915-01-06
Herd and Lake Held Over.

The case of the Com monwealth against
Herd and Baker, charged with the muir
der of Timothy Lakes, was held before
Judge Shackelford Thursday. The de-
PENDANTS plead not guilty.
The proof. which was somewhat cir
cumstantial, was in substance as follows:
Lakes, Baker and Herd were in one
room of the residence of the dead man
and had been engaged in stripping to-
bacco. They had suspended the work
for the day at noon, and after dinner
they we're having jolly time drinking
and playing. Some discussion had aris-
en- about trade of pistols between Herd
and Lakes Lakes and Herd engaged In
a contest shooting at a target through
an open window. All of the loads in
Lakes pistol were fired and two cart
ridges remained in Herds pistol. 1t was
made known that Lake. had no other
cartridges and his pistol was taken by
his son Melvin and put away in an adj
Joining room. Mrs. Lakes came INTO
the room where the three men we're seal
a
to take drink OF whisky from a flask
which he had which she declined 10 do,
aud picking up the flask, took ii into AL
adjourning room and set IL Gown About
this Lime sue heard the report OF PTS
toll and gong back TO the door OF the to-
bacco room, she was unable 10 get it
open. anu SAID that she heard Herd ana
Baker walls towards the door hurrledly
and then the door was opened and they
ran out. Herd had his pistol in his
hands B lker SAID TO Mrs Lakes that
Lakes had Killed himself. TITS Mrs
Lakes denied aud i'd: You have kill
ed uim!" Her son, Melvin, then under
took 10 gel his fathers gun from the
rack with the intention of shooting Hero
and Baker, but was prevented from SO
dong by nts mother. Herd and Baker
ran from the house and went into hid
ing.
Young Lakes went for assistance, a
nearby magistrate was notified and he
summoned coroner's jury, who came
TO the premises and reviewed the re-
mains. An examination of the body
showed that a bullet had penetrated the
head, entering on the left side about
three inches above the left ear and com
ing out little above and behind the
right ear The frontal bone above the
right eye was crushed in. An examina
tion of the purse Of Mr.. Lake showed
that ten dollar bill $50 and five dol
lar bill $751; which he had had in it il
the morning, was missing. Both defend
ants denied having continued the crime
and said that Lakes shot himself bu
Mrs. Lakes and Melvin Lakes both stat
ed that Herd said to them when he
came from the room that he had killed
Lakes and that he would also kill Mel
vim Lakes if he took his fathers CUR
from the rack.
The theory Of the Commonwealth was
that Lakes had been knocked in the
head with blackjack, and the proc
showed that Baker was the owner of 1
black jack that the shot was fired for The
pretense of making it appear that Lakes
had killed himself.
After the conclusion of the trials
which we're held separately, Judge
Snackelford held both defendants ovel
without bond to await the action of the
grand jury at its next February term.
The Com monwealth was represented
by County Attorney r. II. Crooke and
Grant E. Lilly. The defendant Baker
was defended by Capt. W. T. Short anC
the defendant Herd by @. G. Wallace.