Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1917-03-07
BABER TRIAL SET
FOR SECOND TIME
Famous Murder Case Sched-
uled to Be Taken Up Again
Week From Monday.
KILLED TWO U. S. OFFICERS
Deputies Slain in Search for
Liquor; Grand Jury Liquor
Charges Also Up.

The second trial of w j. CBill)
Babcr on the charge Of murder is
scheduled to begin one week from
next Monday in the district court.
Baber is accused of numbering two
deputy United states marsnals as they
were about to enter his home at the
end oe West Fifth street more than
two years ago.
lnnumerable delays and continu-
anCos have prevented Haber from be-
ing tried a second time. The first
trial in December, 1914, resulted in
hung Jury. The case has been set on
several criminal dockets but has al
ways been postponed. The last time
1t was continued because the mother
of one of Babcr's attorneys was Sc
riously i'll and he was unable to at
tend court.
Shoe at Front Door.
Owing TO the prominence of all the
persons inVolevd, the Baber trial has
attracted as much interest as any
murder case in the history OF Tulsa
county. if not the state, About noon
on July 23, 1914. Holmes Davidson.
Ed Plank and Ike Wilkinson, all depu-
ty United states marshals. went TO
Raber's house to search for liquor
Plank and Davidson We're met at the
door by Mrs. Babcr who asked what
they wanted The officers said they
intended to search the place.
Raber heard the mems voices and
after procuring his shotgun went to
the door PLANK drew revIver,
Baber says, but a volley from the
shotgun stopped him. Baber then
turned on Davidson, whom he says
was about to fire. Both officers were
shot twice. wilkinson. who is still n
deputy marshal, had been stationed
in the rear of the residence and after
the shooting ran to neighboring
house and notified his office Of what
had occurred.
Babcr Surrendered.
The police were notified immediate
" by Baber and he surrendered
readily. He accompanied the arrest
ing officers to the station and was
later placed in the county Jail.
Baber has never denied the shoot
Ing, lie contended tHat he was only
protecting his home when he shot to
keep the officers from entering. One
OF the principle points of controversy
i'm the first trial was whether the
officers were armed with n proper
search warrant. Baner was at ore
time chief Of police in Tulsa.
Linn DisGualifics Self.
Judge w. J. Campbell of Nowa.n
Will pre- side at the Baber trial. Judge
Conn Linn has disqualified himself
from sitting in the case and for the
criminal term in which VIII be heard
he Will exchange benches with JIdg
Campbell The first trial was before
Judge Breckenridge Of the superior
court
No loss than zen days or two weeks
will be required to try the Baber cas-"
ii is estimated owing to the wide
publicity which has been given It,
much difficulty is anticipated IN Sc
curing a jury for the case.
Grand Jury Cases Up.
In addition to the Baber trial al
the liquor cases originating from in
dictmcnts returned by the grand Jury
in November, 1915, are set for this
criminal term. The Baker trial viii
he held first with prosecute ms for
violation of the prohibitory laws fol
lowing.
Application was made to the su-
prone court for a change Of venue or
these grand jury cases, but I was de-
licd. ALLEGED leaders of the bootleg
ging element at the time Of tire grand
,ury are defendants in these charges
=. TLey include: G.. II OvortCn, Ben
Green, Lindsay Coleman, Dan Ward
a. Il. Morris, w. p. Miles, Frank Kes-
terson George Reicher, w. X. Miller
II. S Bard T.. l.. Long, Joe Church
Virgil Church. Tom Upton, J. Il. Me
Gin, e. NJ. DeMoss, viii Bryan, j. G
Kinney and J. T. Taylor.