Imperial Valley press., 1928-02-09
COURT FREES
LILLIAN BAKER

(Contipued from page one)
:
that while he agreed with the dis
trict attorney that the evidence
failed to prove sufficient to merit
its being carried to the higher court,
he declared that he was fully con-
WINGED thdt the defendant had told
! the truth on the stand in declaring
the shooting accidental. He said
, that he had questioned her several
times and from all angles relative
to the case and in each instance her
testimony had checked.
! Judge Mayfield then returned his
! decision. He said that while the
evidence tended to show that there
had been an argument prior to the
shooting, he believed that the prose
/ cution had failed to establish q
strong enough case to order the de-
+ fcndant held to answer to the SUI
Iperior court.
i "Thcrcfore I will declare the
ease against the witness dismissed
and order her discharged from Gus
ttdv."
Mrs. Baker at these words rose
in her chair, and burst into hys
terical fit of weeping. She was as
sisted from the courtroom by
friends i'll n state of collapse.
In her testimony on the stand
she told of the shooting. She
brought out that she had met Mack
four days prior to their marriage on
January l9. last in Yuma, and that
on Saturday night, January 2S and
again on Sunday, January %, they
had gone to MeXieali together.
She said that she had not had n
quarrel with her husband since the
time they were married. She admit
ted, however, that her husband had
gone out with the same gun which
ended his life in search of a pie
ture salesman who had visited their
home and made a slurring remark
to her. Questioned relative to
whether or not they mad had words
over this man she denied i.
"'What did you say to your hus-
band when he returned!' she was
asked.
"Nothing, I was tickled that he
had returned.' was the reply.
She then told of the visit to Mex /
icai on Sunday and of their return.
She said that her husband had tax
en- the gun from his automobile and
placed it on shelf under the table |
in the dining room on Saturday
night at her request. sunday night |
he asked her for it, she declared, !
and said that she first objected to
getting it for him but finally yield |
ed.
''Then as I went to hand it to
him, it suddenly was discharged,
she declared. She denied emphatic
ally that she Rad threatened him
with it. Questioned as to whether
he had told her that she didn't
have the nerve to shoot the de-
fendant declared that Baker had
mumbled something as the gun was
discharged but that she could not
sav what it was and that her own
and his actions Immediately after
the shooting were rather vague.
Statement Read
Bakers. death statement was read I
in court by John Kepley, court re-
porter. In it he charged that Mrs.
Baker had threatened him with the |
gun and that the gun was discharg-
ed as he told her "she didn't have ,
the nerve to shoot He also said ,
that they had argued over woman
but declared there was really moth !
ing serious to it.
''I do not want her harmcd,' y he !
said after charging his wife with
doing the shooting, referring in the
statement to his wife.
The prosecution had called ap-
proximately y witnesses in the
early afternoon in presenting its
evidence. While these witnesses
were all able to describe scenes i'm
mcdiately following the shooting,
they were unable to throw any light