The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1921-10-07
state Rests After Rebvi,ai Testl.
mony; Mrs.. Baker on stand rells
story o. Associations With
ollbressh.
SENSATIONAL LETTER
GIVEN AS EVIDENCE
Jury Instructed and Counsel Starts
Pleading Of Case; State Rests
After Putting on Rebu,tal
Testimony.

The faio of Had Baker and hia
wife. Katie. charged with the mnr.
der of Leon Gilhrcalh. viii be- in the
hands of the jury this evening by
o'clock. It was believed this after
noon.
Argument OF the case started this
morning at ii:i5 o'clock when the
court completed the reading Of It's
instructions to the jury. Attorney
G. A. Doarmon. special prosecutor,
opened the argument for the state.
lie was followed by Alger Melton.
OF the defense conusul.
J. Roy Orr. assistant county attor.
ney. will close for the prosecution
while Attorney Adrain Melton will
deliver the closing argument for the
defense.
No Manslaughter Charge.
The courts instructions to the
jury did not include the manslaugh
ter charge. This means. II Is pointed
out. that II the Jury reaches n de.
cision. Il win be either acquittal,
life imprisonment. or sentence to the
electric chair.
Issues TO be decided by the jury.
including the insanity theory. were
outlined in the courts instructions.
Iomicides of various natures were
defined In the instructions.
katie's countenance Changed.
For the first time since the trial
opened last Tuesday. Katie Baker,
alleged aceomplice in the killing,
showed signs of sorrow and dis
tress. Katie's eyes filled with tears
as Attorney Alger Melton pleaded
for their acqultal and outlined the
conditions that, the defense alleged,
brought about the tragedy
Bad Baker occupied the same po-
sition and sustained the Same coun-
tenance, and was apparently no
more moved than during any other
period of the trial.
Arguments, it is believed, will be
completed some time this afternoon
The case will then go into the
hands of the jury.
In an endeavor to discredit the
insanity theory brought out by the
defense, the prosecution this morn
ing placed DR.. J. E. Stinson, local
physician, on tie stand. Dr.. Stlnson
was the first rebuttal witness intro
duced this morning. His testimony
entirely Of ii professional nature,
was confined to the description OF
the anatomy of the head and the
effects blow on the frontal bone
might have. The contention OF the
defense that Bakers mental condi-
ton was affected is partially sup
norted by evidence that he sustain
ed blow just above the eye When
lle was a child.
DR.. Stinson's testimony practically
ended the lebuttal, although Mary
Raybuin, John Thompson, Sol Par
nell and J. D. Baker were placed
on the stand Because they were un-
able to remember the dates Of GER
tain incidents, the testimony OF
Mary Rayburn, Thompson, and Par
nell was very brief and disclosed
10 new facts concerning the case.
Both sides rested after J. D. Baker,
father of Bad Baker, was recalled
to the stand by the defense. He tes-
titled that Katie Baker was in his
employ for five weeks after Decem-
Der 4, when she is alleged to have
gone to Purcell with Gilbreath.
The court room was filled this
morning at o'clock. Many OF the
spectators were women, who braved
the windstorm to witness the last
rounds of the trial. More people
crowded into the courtroom while
Judge Edward Dews Oldfield pre-
pared his instructions.