Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1917-04-15
FOUR YEARS FOR
WILLIAM J. BABER
Bootlegger Is Found
Guilty of Staying United
States Marshal Plank.
ON BAIL PENDING APPEAL
Defense Will Fight to Last
Court; Jurors Vote Many
Times Before Decision.

William J. Babcr. who killed two
| deputy United States marshals on
July 23, 1911, was found guilty of
manslaughter, with sentence of four
labor recommended by the jury which
brought in its verdict at 1915 o'clock
last night Baber's attorneys an
nounced that they would apply for
they will take the case to the criminal
court of appeals. The jury was out
nine hours.
The jurors reached verdict short
lyl before $3.50 o'clock. The bailiff
was instructed to notify Judge Camp
bell, court officials the defendant and
his counsel. 1t was more than an hour
and half before Judge Campbell
could be found. He came to the court
house at once and ordered that the
jury be brought in.
Asked If they had decided upon a
verdict, the jurors replied in the af-
firmative. Their finding was an
nounced by the foreman. The written
verdict was then passed to Deputy
Court Clerk Laws who read IL aloud.
Babcr Impassive.
Baber received the verdict with the
same stolidity that he maintained
thrnout the trial. His wife and other
members of the family were not In
the courtroom last night
a number of ballots were taken by
the Jurors before coming to an agree
ment. From the violent arguments
/ that could he heard in the corridors
near the jury room II was evident that
some OF the Jurors were contending
for heavier sentence. The one final
ly returned was unquestionably com
promise reached by n series of bal
lots. At one time during the early
evening the jurors sent to the Judge
for transcript of the evidence.
Convicted for Killing Plank.
Baber's conviction yesterday was
for the killing Of Officer Ed Plank.
He also shot Holmes Davidson, but
the state elected to try him for the
death of Plank.
Whether Baber can now he tried
for the murder Of Davidson is a ques-
ton that arose during the closing
hours of the trial. In his final plea
for the defendant A. +. Moss stated
that the Davidson case was extinct
| owing 10 its having passed thru two
criminal terms of court without the
state bringing it to trial. He was
Interrupted by Judge Campbell, who
contested the attorneys assertion
Moss repeated his assertion and
lawyers in the case said last night
that whether Baber could be tried
for the Davidson Killing hinged on a
technicality
Babcr Out on Bond.
Judge Campbell set the time to pass
sentence on Baber at . o'clock Mon
day morning. He was released on
| $4,000 bail until that time, the bond
being signed by the same men who
have been his sureties since the first
! trial in 1914.
Application for new trial will
probably he made as soon as the SEN
tence is formally assessed by the court
Trial Consumes Two Weeks.
The trial of Baber occupied two
weeks and a vast amount of evidence
was introduced by both the state and
defense. Judge Linn disqualified him
self and Judge w. j. Campbell of No.
wata was assigned to hear the case
The first trial was held before badge
/ Breckinridge Of the superior court in
| December, 1914. 1t resulted in hung
! jury, the jurors standing 10 to 2 for
acquital.
on July 90. 1914. the officers went
| to Bal 8 residence on West Fifth
TO search for liquor. They were shot
down by Baber at his front door The
| plea of the defense was that Baber
| feared the officers would do violence
to himself or his family
County Attorney Reeves made a
splendid plea in closing the arguments
! for the state Yesterday morning He
was preceded by Moss, who based his
argument principally on the conten-
ton that Baber was protecting his
home when he shot the officers
Three Verdicts were possible accord
ing to Judge Campbell's instructions
they were murder, manslaughter or
| not guilty.