Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1923-03-20


railway, n trunk line railway, runs
at the west declivity of this Look
out mountain and comes within
distance OF about 3 or 4 miles from
Durham, which train and trains on
the latter road each few minutes
come by for Birmingham and 9th
e1" southern and gulf points. These
fusees in hand could stop that fast
train and could take these fleeing
boys on towards the Pacific coast,
etc.
1.-THE trio we'll planned, not by
people with feeble minds, but think
ing men, taking the train at the
very secluded place, No. z trest e,
then taking fusees, then knowing
the A. G. S. trains came near by
Ito Durham and from which point
forests interviewed all the way to
the A. G. S. railway Armed and
drinking from the start, could not
tell where they got the whisky.
Could have reached the train at
much more suspicious place if on
peaceful mission. The wife OF the
elder man was along going to her
fathers on visit A good place
to be when husband and brother
were at large on an escaping run.
They went to and attacked this
man. He had naught against them.
They gave no reason for hunting
him up and attacking him. He was
an officer of the law and they asked
if he had warrants for them. They
surely suspected that somebody had
sworn out warrants for them for
something.
"Then after the curtains close on
this awful scene and tragedy and
the alert citizens catch them and
land them in prison, l, with others
go to the home Of the Bakers and
ask to see the family Bible. 1t is
shown us, and opposite the name
of Ralph Baker there is no age or
figures. The mother of the boys
tells us that somebody has rubbed
out the age. This record is now
(the Bibie), before the prison COM
mission, shows that it has been
tempered with and now shows after
the tampering that Ralph is sup
posed to have been born in No
vember, 1907. But those figures have
been placed there since we saw the
record. A. careful study of the case.
as the good men of the prison com
some startling things, and such
things that will suggest to men
here and there who love law and
| order that a people who live near
In the same county and who sat
on the jury know better.
"Of course the boys in their state
ments tell a different story. They do
not deny, however, that they at,
tackled the conductor, Terry and the
travelling salesman. nor that they
went to and attacked Morton. They
do not deny that George Baker had
pleaded guilty to a charge of carry
ing concealed weapons at the Au-
gust term, 1921, of the same court
or that Ralph Baker had been ar
rested some time before at Durham.
They give no earthly reason for 60
ing to and attacking Morton. They
do not insist that Morton ever did
them harm.
I'm this first trial no mention is
made by their good attorneys that
there is. any mental deficiency af-
f1icting either Of the boys, nor is
there a plea or word that the boy
Ralph Baker is only fifteen years
old. The cases progress for a new
trial, yet no mention is made of
either defect. No motion is made to
sion Of time.
mo trial juror has signed any
petition asking for clemency, no
member of the grand jury has joined
in that request, no solicitor general
has asked leniency-the judge who
tried the case does not ask it. No
county official has asked it in this
county. 1 now quote from the opin-
L.. ~ 1T HI
state, Justice Gilbert speaking for
the court in the George Baker case:
In the case now before us the de-
ceased, though an arresting officer,
was making no effort to arrest the
accused or either Of them, nor in
any way modest or disturb their
freedom. He even disclaimed hav-
ing any warrant for their arrest,
and endeavored to reason with them,
while they, aroused and inflamed
under the influence of intoxicating
liquors, were bent upon raising q
difficulty. Under these circum-
stances, verdict of guilty in this
case, returned by a supposedly fair
and impartial jury after hearing the
evidence, which would have justified
no other verdict, should not be set
aside except for reasons which are
clearly demanded under established
rules of law. We are reminded that
| a human life is at stake. The reply
is that the lives of thousands of
law.abiding citizens are constantly
at stake from men who will not
abide by the law. who arouse their
passions abnormally by intoXication
while they are defying the law of
the land :"
"This very splendid court and
splendid jurist. speaking for the
court, has read the record. He is
not a club of ladies who never heard
of what the record shows or New
| York or other state organization di-
recting us what our civic or other
duties are. A careful study of the
case will lend much force to an en-
ergy toward law enforcement and
strict Justice. No one wants to hang
any one. but we all love the law or
should love it. for it is our best
friend and we should treat it fairly
Governor Hardwick is right when
he says he is getting hard boiled"
on such crimes and that he declines
to try cases on petitions, especially
from outside counties, and organiza-
tons.
| 1t would be quite singular TO re-
port a case and send it from, say
Bibb county, Georgia, to Da-
wilson county, Tennessee, or some
other good county for club Of fair
ladies to try the case and give their
just verdict and advise the good
county Of Bibb what it must do with
its people, etc.
This case is one that only re-
quires the duty of men who think
and the proper result will be reach.