South Bend news-times. (South Bend, Ind.) 1913-1938, 1920-03-27
CHARGE ERROR IN
MURDER TRIAL OF
WALTER BAKER
To Conduct Hearing on Mo-
ton For New Trial For
Accused Man.

Fifty five points OF error are
charged In the trial OF Walter Baker
recently convicted OF the murder Of
Carl Cook Of Laporte. I'm the motion
for new trial flied in circuit court
Friday by Arthur J.. Guliom and Rl
r. seebirt who viii take charge Of
the hearing for a new trial and APP
peal the decision OF the court should
a new trial be denied.
Hearing on the motion will be had
within the next week and a ruling
given by Judge Hubbard Mr. Gill
ION stated the progress Of the case
now await the convenience Of the
prosecuting attorney and Ralph -.
Smith Of LapOrte
Should the appeal for a new trial
FOR Baker be denied BE- is the am
nOunccd intention Of Bakers att0ru-
eys 10 carry the case 20 the supreme
court IN an effort 20 save Baker
from the electric chair. Baker has
voiced the hope that. should a new
trial be denied and the supreme
court rule against him, Gov Good
rich will mitigate his sentence TO
life imprisonment
To Fight Motion.
Prosecuting Atty. y. T.. Rowley
and Ralph ~ Smith who is assist
ing the state ia the prosecution of
the case have announced their in
tentiOn 20 fight a motion for new
trial and insist that Baker be SEN
fenced Immediately
The point Of error on which Bak
cr's attorneys depend most and have
placed most OF their confidence OF
"a new trial OF a reversal Of decision
by the supreme court is the ad-
mission OF the confession OF Steve
Bartek and evidence by Sheriff
Anstiss OF Laporte in converse tons
with Bartek I'm which he said Baker
fired all Of the shots that killed
Cook. The claim viii be made that
this is contrary 10 the constitution
in that Baker had a right 10 Ques-
ton his accuser who in this instance,
was Bartek.
objection was made in the motion
10 the opening statement Of Ralph
~. Smith for the state i'm which he
told OF other crimes that would be
brought into the evidence to prove
Bakers sanity. The defendant
claimed this could not be mentioned
until Baker himself had raised the
question Of his sanity. A question
OF Lem barrow I'm examining "A juror
for the state in which he spoke Of
other crimes was made a point or
error in the motion.
Points OF Objection.
The fact that all witnesses were
ordered from the courtroom with
the exception or Mrs. Cook. wife or
the murdered man. was made a
point OF objection. The objection
To this ruling OF the court was the
fact that Mrs. Cook. ty her weeping
before the jury aroused sympathy
against the defendant which was not
offset by the presence Of Baker
wife and mother who were not al
lowed 20 remain in the courtroom.
Several points of objections were
made as 20 the admission Of the
confession said to hive been made
by Baker while i'm the LapOrte jail.
The entire confession as well as
parts of Il relating 20 other crimes
was objected 20 and also the ad-
lnOnition Of the court to regard cyl
dence Of other crimes only as bear
ing on the question of Bakers SAN
ity.
Twenty points Of error were
made against the Instructions given
the Jury by the court which are
claimed TO be unfair TO Baker.
Two objections 10 the verdict as
not being sustained by sufficient eFl-
dence and being contrary 90 law
were included in the motion.