The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1921-08-04
Several Witnesses Tragedy Give Sodd Story Of Killing Only
One Witness Used Who Saw First Shot Fired; Farmer
Says lie Saw. Baker Draw Gun
DEFENSE BRINGS OUT LINE OF
EVIDENCE STATE EXPECTS TO USE
Testimony Given Relates Only Actual Shoong Only Once
Does II Refer to Any Cause Leading Up to Affair."
Melton to Apply for Bail for Defendants.

the time. he said. he couldn't tell
who the participants were.
On cross examination. the point
was brought out again. that the wit
ness did not see the first shot and
that his attention was attracted first
by the first shot. lie said they were
10 or ~ feet apart The deceased
he said. fell with his head TO the
east near the south side OF the side
walk. lie gave as his opinion that
five or six shots were fired. lie
couldn't see the defendents face, he
said.
Former Cop Called.
claud Baird, recently resigned
from the police force, was called as
the second witness and testified
the fact that Baker gave himself up
Immediately after the shooting.
Mr.. Baird testified that on July
Is he was serving on the Chickasha
police force and that at the tins tho
sic oting started he was standing on
Clickasha avenue, the north side,
about l50 feet northwest of the point
where the tragedy occurred. lie was
attracted to the spot by the first
shot, he said, and when he looked
saw Gilbreath running with Baker
following and shooting. They wer
then, he stated, about eight or ten
steps from the car.
The ex-polceman declared that he
went to the scene and that Baker
turned and surrendered, stating that
he was willing TO do SO. lie said
that the defendent stated that he
had his wife and baby with him. The
gun that Baker surrendered was a
IS automatic, the witness said.
On cross examination, the witness
stated that after he had taken the
defendent in charge, Baker said that
he knew where he was standing
and that he was Justified
Attorney Melton asked If the de-
fcndent gave any reason for the
shooting. This question brought
County Attorney Golf to his feet
with an objection The court held
that an answer was permissible and
the witness was instructed to an
swer.
"Baker said that the man had ruin
ed his home" Mr. Baird said.
This statement, the witnest~ said
was made while he was taking Ba-
ker to the Jail. He stated that the
defendent had given himself up isl
mediately after the shooting. He be-
lieved that there were six shots fir
ed. In answer to questions by At
torney Melton, the witness said that
he couldn't see the men where they
were first standing because the car
obstructed his vieWw and the first he
did see was Leon Gilbreath running.
He didn't see the defendent and de-
ceased facing each other. He saw
the second, but not the first shot.
Said Was An officer.
Rowan Wilton, proprietor of a
tire and auto accessory shop at
Fourth and Kansas was called to
the stand and gave testimony rela-
tive to conversation he had had
with the defendant on the evening
of July %.
He stated in effect that at about
$3.50 on the evening of the killing,
the defendant, with his wife in the
car, drove up in front of Wilton's
place of business. They did not
make any purchase but Baker ask
ed If he knew Gilbreath and when
told that he did, asked il Gilbreath
was at home. Witness stated that
he replied that he did not know
whether Gilbreath could be found
at home and that he had not seen
him for some time. Witness fur
ther testified that Baker then told
him that he (Baker) was "a U. S,
man and had a warrant for Gill
BREATH" that he had never seen