Claremore Progress. And Rogers County Democrat (Claremore, Okla.), Vol. 22, No. 44, Ed. 1 Thursday, December 10, 1914 Page: 1 of 8
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historical society
Cj^aremore Progress.
AND ROGERS COUNTT DEMOCRAT
VOL XXII.
CLAREMORE. OKLAHOMA. THURSDAY. DECEMBER 10. 1914
No. 44
BABKR NOW ON TRIAL
FOR KILLING PLANK
SLAYKK OF TWO DEPUTY I'. S. MARSHALS
PACING JUICY IN TULSA COUNTY
STATE RESTED CASE SATURDAY
Dr. Jrvan, Who Held Post Mortem Examination,
State's Last Witness—Court Held Search
Warrant Invalid.
From Friday's Daily
An important le>ral question in the
Baber trial which is now in progess
at Tulsa was decided by Judge M. A.
Hreckenridge Thursday afternoon
when he handed down the decision
that the search warrant which the
three officers, Holmes Davidson, Ed
Plank and Ike Wilkinson, had in their
possession at the tinfe of the killing
of Plank and Davidson, was invalid,
and that the three men were not con-
sidered in the eyes of the law as
officers any more than any other citi-
zens attempting to enter a man's
home.
The decision was handed down after
every lawyer in the case had taken
part in a heated discussion and
lengthy argument. The jury was ex-
culded during the discussion and when
they returned to the court room they
were informed by the court not to
consider those portions of the testi-
mony of Ike Wilkinson, the state's
star witness, which tended to show
that the officers went to the Baber
home to arrest Wm. J. Baber, on the
afternoon of July 23, this year.
The discussion ensued when Ike
Wilkinson attempted to introduce aa
an exhibit the search warrant in ques-
tion which had been identified by Jus-
tice Lee Fitzhugh, of Sand Springs,
as the one he issued to Holmes David-
son, one of the deputy marshalls who
was killed by Baber when they started
to search the Baber home on the said
warrant.
Judge Breekenridge finally allowed
the warrant to be introduced but only
for the reason of showing why the
officers went to the Baber home. He
instructed the jury that they were to
consider the instrument as null and
void and as giving the officers no au-
thority whatever.
This decision was an important one
and on it much as to the outcome of
the case rests. At first it was thought
that the officers had no warrant but
it was soon discovered that they had
a search warrant issued by the Jus-
tice of the Peace of Sand Springs and
immediately the question in the minds
of all arose, "was the warrant a legal
one?" And it was not until Judge
Breekenridge gave his decision Thurs-
day that this question was definitely
answered.
no right to try and enter the Baber
home. In accordance with the decis-
ion hunded down in this matter every
officer, when making an arrest or a
search, runs the risk of doing so with
a faulty warrant, for it would take a
lawyer to ascertain the difference be-
tween a faulty one and a good one.
We are not sure as to what con-
struction will be put on the fact that
the three officers endeavored to enter
the home with a faulty warrant but
we do think that the fact that they
were acting in good faith and thought
that they had a good warrant should
be taken into consideration in the de-
termination of justice in the case, or
else there is a faulty law somewhere
that should be rectified and remedied,
or there is no justice in the law and in
time we will retrograde back to the
days when men took the law into their
own hands and saw justice done with
a clear conscience, and we are not ad-
vocating mob law either.
From Saturday's Daily- -
Following a day of lively legal ar
gument and little testimony and with
Dr. H. B. Irvan, as expert witness
for the state, on the stand, the prose-
cution in the W. J. Baber murder
case, now being tried at Tulsa, an-
nounced that it would rest its case
Saturday morning following the com-
pletion of Dr. Irvan's testimony which
took up a part of the morning Satur-
day.
Just six witnesses were introduced
by the state arid the announcement
that the state would rest its case came
as a surprise to the defense. Dr. Ir-
.yan, the teat- witwa of the state to
testify, went to Tulsa Friday night
from this city, armed with the buck
shot which were taken from the btae
of Ed Plank's brain, and also armed
with a thorough knowledge of the di-
rection the bullets which killed Ed
Plank took. The information secured
at the post mortem held at the J. H.
Moore Undertaking Parlors in this
city Friday, went to show that some
man, supposedly Baber, fired a charge
of buck shot into the prostrate body
of Plank, who was lying in the grass
on his face where he had fallen after
Baber shot him from the house. The
shot ranged upward in the back from
the seventh rib where it joins the
ward direction from .undor the shoul-
der blade to the neck, Dr. Irvan
also testified that the body was in a
remarkable state of preservation.
Upon cross examination, but one
question was asked the doctor, and
that warf who had paid him, if he
was paid, for holding the autopsy
He replied that he had received no
pay nor had he made any arrange-
ments for remuneration, but, at the
request of the state, had gone and
held the post mortem.
From the substance of Dr. Irvan's
testimony it would seem that there is
no doubt but that Plank was shot
after he had fallen in the grass on his
face, as the bullet wound in the back
indicates that the person who fired the
shot into Plank's back waa standing
above him.
During the hearing of Dr. Irvan's
testimony, Mrs. Plank, wife of the
murdered deputy, sat in the court
room and sobbed, the sobs being more
audible when the wounds were desrib-
«d to the jury.
Saturday afternoon the jury was
permitted to visit the Baber home, not
to substantiate any of the testimony,
but merely to become familiar with
the premises upon which the double
murder was perpetrated so that the
testimony would be more clear to
them as regards the locating of places.
During the time of their visit to the
Baber home very little conversation
ensued. They examined minutelyAhe
bullet holes in the screen and the
place where both Plank and Davidson
had fallen.
The greater part of this week will
be taken up with the hearing of the
defense's testimony and the argument
of the case but it is thought that it
will be completed this week'
There is no doubt in our mind but | back bone to the baso of Plank's brain
that the three officers, when they went' where they lodged and were taken
to the honie of W. J. Baber, thought I therefrom by Mr. Moore Friday to be
that they had u good warrant and used as evidence in Mr. Irvan's testi'
were acting in good faith, but it mony
seems that the law pronounces the
warrant a faulty one, issued by a
justice of the peace out of his juris-
diction, and that the three officers had
Don't Read This!
I called upon that man Huti-h'
To buy a stick to make a crutch;
He put my punhoae in the hack.
And wrapped a wire around and back;
And aa he toiled, in manner gay,
He talked to pui the time away.
Of other "tuff he had to cell—
Of lime and brick to waU a well.
Of nnnf. Plooter, lath and sand.
Ha had i loud aupptr on hand:
Of door, window, lumber and nhinirle—
That made my aeraa ben in to tiniclr.
For that recalled the fact to me
That I had hena. aome aUte-thm.
And. ere I left that Leather Store.
1 bought a wagon load or aon.
Of atoff to build a chicken ahed.
And paint enough to paint it red.
Ilia farmen now. in boor traopa.
Should buy their stuff for chicken coops.
For winter soon will hit the road.
And hens must have a warm abode;
Or they won't lay their luscious ens—
But stand around on frosen leg*.
The place to And these extra dodgers
h at the yard of
T. H. ROGERS
. W. Hutchison. Local Mgr.
The defense has subpoened twenty
witnesses and it is thought that all of
them will be used before the defense
rests its case.
From Monday's Daily—
Little progess was made in the actu-
al trying of the Baber murder trial
Saturday. The state's last and most
important witness. Dr. H. B. Irtan,
one of the physicians who helped to
make the post mortem examination on
the body of Ed Plank in this city Fri-
day, was called to the stand at the
opening of court on Saturday morning
and occupied the stand for an hour.
The bullets found in the body of
Plank at the post mortem and also
pieces of the shot gun wadding extract-
ed from the wound were introduced
as evidence. Dr. Irvan's testimony
in substance was that the bullet had
been found at the right of the spinal
column in the neck, and that the
wound found in Plank's back was two
inches long and one and one quarter
rhone M inches wide and that it took an up-
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GOOD PROPOSITION!
Three modern houses in best
residence section of ulare-
more. Okla. for sale cheap, or
will trade for farm lands.
Property renting annually for 9840.
For further particulars write or see
W. P. PAYNE,
Claremore, Okla.
From Tuesday's Duily—
Probably the most important legal
decision in the Baber murder trial now
being held at Tulsa was handed down
Monday afternoon when Judge M. A.
Breekenridge held that the state could
not re-open their case for the purpose
of letting Dr. H. D. Irvan explain
the nature of the examination he made
on Ed Plank's body in this city last
Friday after the body had been ex-
humed by Undertaker J. Herbert
Moore.
Colonel Koy Hoffman, arguing for
the state on the question, said that if
the judge overruled the request of the
state he would have dealt the prosecu-
tion a very severe blow. In spite of
the fact that he and County Attorney
Pat Malloy argued for over two hours,
Judge Breekenridge ruled that the
state could not re-open their case
which they closed Saturday.
The question arose over the attempt
of the defense, by testimony of Tulsa
physicians as experts, to rebut the
testimony of Dr. Irvan, by showing
that the death of Plank might have
been the result of the shooting at the
front door of the Baber home instead
of at the rear of the house where the
prosecution alleges that Baber walked
up to Plank after he was down and
helpless and fired the fatal shot into
his back.
In the examination of Dr. Irvan
last week it seems that there was some
confusion as to the terms the examin-
ing attorney used, with reference to
the examination of the body of Plank
here. It seems that the word post
mortem was never used by the attor-
ney but rather he referred to the ex-
amination as a "probe." Monday the
defense made it plain that a "probe"
as defined by the medical profession,
could not divulge the details of the
wounds as described by Dr. Irvan in
his testimony.
The state contended that the use of
the word "probe" was due to the fact
that the examining attorney was not
familiar with the use of medicinal
terms and they desired to put Dr. Ir-
van on the stand merely for the pur-
pose of having him explain his testi-
mony to the jury. The request was
denied by Judge Breekenridge.
Dr. J. B. Gilbert, fomer Tulsa
city physician, was the first medical
expert called by the defense Monday
and his testimony, as well as that of
the other medical witnesses called by
the defense, was used for the pupose
of rebutting Dr. Irvan's. In brief,
the gist of his testimony was that a
man wounded as Plank was in the
back would be able to walk a distance
of 250 yards and that such a wound
would not necessarily be fatal, while
Dr. Irvan had previously, while on
the stand, maintained that the shot in
Plank's back was the one that caused
death.
Dr. T. E. Shepherd was called to
the stand by the defense and his tes-
timony was almost identical with that
of Dr. Gilbert. He testified that a
men could possibly walk a mile with a
wound such as Plank had in his back
without suffering fatal result.
Drs. M. J. Ferguson and E. F.
Hayden also testified that a man could
walk some distance with snch a wound
in his body without suffering any fatal
BODY OF JSD PLANK TAKEN
FROM GRAVE
Mule TestimUly of Murdered Deputy
i Shows That He Was Shot in Back
Hate! Monroe, a young girl, aged
12, an eye witness to the killing, tes-
tified Saturday, as likewise did her
her, Mrs. O. C. Monroe. The
Monroe's were neighbors to the Ba-
ben and it wes to thoir heme that Ike
Wilkinson went to phsno for the po-
. Mrs. Mauve said ah
There is no longer any doubt that
Ed Plunk, who was murdered, togeth-
er with Holmes Davidson, by W. J.
Bnber, when these two deputy U. S.
Marshalls endeavored to enter the Ba-
ber home inj Tulsa on the 23rd of
July, this yssr, in search of whiskey,
was shot in the back with buckshot,
for the body of the murdered deputy
gives mute evidence of the fact and
extends its styent plea to all men to
ie that juatiqi is done in the matter.
The prosecution in the Baber trial,
which is now in progress in Tulsa,
sent Drs. Er^in and Blan over from
Tulsa Friday morning to hold an
autopsy over the body of the dead
man. Undertaker J. Herbert Moore
brought the body in from the ceme-
tery early Friday morning and the
work of holding the autopsy consumed
almost the entire day. In view of the
fact that the defense in the case is
putting up a stiff fight for Baber, the
doctors spent most of the day in tak-
ing down notes of the directions of
the bullets and buck shot as J. Her-
bet Moore was.able to And the wounds
and the course of the shot.
From the wound found in the back,
by those having the autopsy in charge
it is very evident that the witness who
stated that Baber walked up to Plank,
who, after he was shot by Baber, from
the house, walked some thirty feet and
fell "in the grass on his face, and fired
a load of buck shot into Plank's back,
was telling the absolute truth as the
autopsy reveals the fact that some
person, standing at Ed Plank's feet,
ufter he had fallen in the grass on
his face, fired a load of buck shot into
the fallen man's back. The shot
struck him right at the point where
the seventh rib joins the back bone
and took a course leading to the base
of the brain, where the shots were
found by Mr. Moore. All of which
mute evidence is sufficient to prove
that Plank was shot by Baber after
he had tried to get away from the
house from which Baber was firing
on him and that he was shot after he
had already been inflicted with a mor-
tal wound which would have claimed
his life in but a few moments to say
the least. Certainly Plank never
walked thirty feet with a load of buck
shot in his brain for it is not possible
that such a thing could be done.
The buck shot found at the base of
the murdered man's brain were taken
to Tulsa by Drs. Ervin and Blan for
evidence to be used in the trial.
While the body of Plank was again
laid to rest in Woodlawn by J. H.
Moore Friday afternoon after the nec-
essary evidence had been secured.
The body of Plank, which was pre-
pared for burial by the J. H. Moore
Undertaking Co., when taken from
the ground was found to be in good
shape snd the man was easily recog-
pizable, and to look at him and then
let one's mind wander back to only s
few short months ago when he walked
the streets of our city as a citizen and
as a sworn officer of the law and then
to think of the cowardly assassin who
truck him down in the prime of man-
hood, while he was in the performance
of his duty, makes one's blood boil
and fills all good men with a determi-
nation to see justice meted out to the
murderer, who would escape paying
lawful penalty of taking the life of a
brother man, by the mere legal tech-
nicality of whether the search war-
rant with which these officers were
armed was legal or not.
APPOINTED BOARD OF DIBEC-
. TORS FOR COMMERCIAL CLUB .
CHARITY
F. H. Bortle tells us of a case of
real charity which occurred at his
home Tuesday morning and he says
that, although he was not the object,
he was affected just the same.
Mr. Bortle said that he had slept a
little late Tuesday morning but when
he did arise he was armed with a
man's size appetite. Going into the
kitchen where his wife wss busily en-
gaged he asked her what she had for
breakfast, whereupon Mrs. Bortle be-
gan to explain.
It seems that Mrs. Bortle had but
three pieces of bread in the house and
one egg. She intended making some
milk toast and boiling that egg for
her husband's breakfast when he
arose, but hearing a timid knock on
the door she answered it and beheld
standing there, shaking with cold, an
old man whom she said looked ill, and
who asked for a bite to eat. Moved
by pity, she buttered two pieces of
bread and fried an egg and poured a
cup of coffee for the man, who having
partaken of Mrs. Sortie's hospitality,
departed on his way rejoicing.
"That's what I call charity," said
Frank; "the best she could do for me
was one piece of tout and a half of
a cup of coffee. I think I will go on
the road."
Will Endeavor to Get Hipping Vat Op-
ened Up and Will Take Up Un-
finished Undertaking
The Claremore Commercial Club,
with its new organization and with R.
S. Liggett ot its head as president,
held a meeting at the district court
room Frday night and from the way
that the meeting was carried on it
could be plainly seen that this organi- j
zation has got some new life into it
and that it is going to accomplish |
something great for Claremore. |
The first thing to be done Friday j
night was to make the selection of a
boards of directors for the club. The I
following were appointed: A. V. Rob-
inson, C. F. Godbey, Leo A. Moore,
J. F. Flippin, F. S. Walker, W. L.
Kistler, G. D. Davis, J. H. Moore,
Jno. C. Barrett and H. 0. Hurst.
This board of directors includes
some of the most progressive men of
our town, all "live wires" in the busi-
ness world of our city and when they
get their heads together something
may well be expected to happen and
they assure us that the Claremore
Commercial Club is no longer going
to be a dead factor in our town build-
ing but is going to foster some enter-
prises which will make us all open
our eyes.
Following the election of the board
of directors, ways and means of get-
ting the dipping vat opened south of
town on the Missouri-Pacific tracks,
owned by McClellan and Dirickson,
which has been closed since the gov-
ernment took their man away, follow-
ing some trouble between the Missou-
ri-Pacifie and the Frisco railroad, the
vat being the bone of contention. The
result of the discussion was that it
wa3 decided to do everything possible
and to bend all of the efforts of the
Commercial Club toward getting the
government to send their man back
and to get the vat opened as it is de-
laying the shipment of cattle from the
south, as the owners do not feel like
paying for having them taken to Mus-
kogee to be dipped when they could
be shipped direct from the south over
the Missouri-Pacific to the vat here, if
it were open. The necessary steps
will be taken to remedy this trouble.
A committee composed of F. S.
Walker, Jim Moore and Frank Bortle
was appointed to take steps toward
completing the opening up of the
Tiawah road, which undertaking was
started last spring.
From the very start it can be Been
that the Commercial Club is going to
be a live factor and is not going to
be asleep when opportunity knocks at
Claremore's door.
SPECIAL OFFER
To Teachers, Schools
and Organizations
We will allow a special discount on all sales
of Holiday Goods, Toys, Candy, Oranges,
Apples and Nuts to those buying reasonable
quantities for public entel'tainments and charit-
able affairs. Please bear in mind that we
have added Oranges, Apples and Nuts to our
line this year. Yours truly,
New York 5 & 10c Store
P. S.—Lest you forget: Claremore,
This is SANTA GLAUS' Okla.,
HOLIDAY STORE
PLENTY OF FARMERS FOR THE FIRST
FARMERS
NATIONAL BANK
BOUGHT BALE
HAS
John Ilornback, who has been visit- In accordance wih the "Buy a Bale
ing his uncle and aunt, Mr. and Mrs. of Cotton" movement the First Na-
Andew Hornback, living north of town, tional Bank of this city has bought
for the past week, left for his home in one.1- It is now on display at the
Cherryvile, Kansas, Sunday. Mr. bank. It weighs 510 pounds and cost
Hornback was looking for a farm to 7 3-4 cents a pound or $:19.53. The
locate on down in this country but he First National has the distinction, we
was not successful as the real estate believe, of being the first Claremore
men of the city report that there are business house to register for Clare-
at least twenty men for every farm in more in the "Buy a Bale" movement.
the county, which speaks well for
R°eers- 'HANNON BOUND OVER
FOR SALE
BANKERS DEFEATED MAIL
PITCHERS
1 County Attorney W. M. Hall and
Deputy Sheriff L. S. Hubbard spent
One five room bungalow well loca- Friday in Talala holding the prelim-
ted in Claremore; price $1500.00. inary hearing of Newt Hannon,
will take as part payment team of charged with shooting Clarence Sultz,
horses or mules and some other live at Talala, the fore part of the week,
stock to a limited amount and will Hannon was bound over to the district
give good terms on balance. See C. court under an $800 bond.
T. Tanner, at Tanner Bros.' Furniture
Store, Claremore, Okla. -17 John H. Reagan, of Carthage, Mo.,
spent Sunday in Claremore, the guest
Wayne Ross and Bill McClellan of his brother, C. II., and family. He
made their usual weekly visit to Chel- was enroute home from a business
sea Sunday afternoon. trip to Wagoner and Muskogee.
The bowling team from the Nation-
al Bank of Claremore defeated the
team from the postoffice Friday night
at the Claremore Bowling Alley by a
total of 40 pins in three games played.
The bankers also took two games out
of the series of three played Friday
night.
As the matter now stands the team
from the bank "has it on" Uncle Sam's
men a little, for out of a total of three
series of three games each, played the
team from the bank has won two and
the post office men one.
Jim Moore spent Thursday in Mus-
kogee on a business mission.
COUNTY WARRANTS
Claremore, Okla., Dec. 5th, 1914.
DEAR SIR:—I can pay County Warrants as follows:
Salary Fund, 1913-14 series, Registered, No. 319 and below;
1914-15 series, 100 and below.
Court Fund, 1913-14 series, Registered, all; 1914-15 series,
all.
Supply Fund, 191.J-14 series, Registered, No. 156 and below;
1914-15 series, 33 and below.
Contingent Fund, 191.3-14 series, Registered, No. 208 and
below; 1914-15 series, 3S and below.
Separate School Fund, 1913-11 .series, Regitered, all; 1914-15
series, 15 and below.
Road and Bridge Fund, 191314 series, Registered, all; 1914-
15 series, all.
Poor and Tn-saiie Fund, 1913-14 series. Registered, No.
328 and below; 1914-15 series, 101 and below.
Tick Eradication, 1913-14 series. Registered, No. 1G1 and
below; 1914-15 series, 5 and below.
HOMER DENNY, County Treasurer, Claremore, Okla
FOR SALE
20 acres of excellent
three miles and a half northeast of
town. All under cultivation. Price
reasonable. Inquire J. T. Everett, R.
F. D. No. 2, Box 74. 126
Joe Chambers spent Saturday in the
city of Maskegee on Mill
A gift worth hav-
ing :
A Handsome
Wooltex
Coat or
Suit
Now on Sale at
Big Reductions
CHRISTMAS
W LL SOON
BE MERE
A s e t of Furs
would make any
lady smile.
50 Sample
Sets Now
on Sale at
I -3 Off
WE ARE SHOWING A LARUE VARIETY OF SENSIBLE GIFT ARTICLES
Ladies'
KID GLOVES. SILK HOSE, IMBREL-
LAS, SILK DRESS PATTERN'S, SILK
WAISTS, PRETTY NECK WEAK, BARR-
ETTES, COM MS AND FANCY HAIR PINS
Men's
FINE LISLE AND SILK HOSE. 25c. EX-
T1U V A LI E TI 1:■?. 25 ANI > 50c. .\1 EN'S
AND BOYS-CAPS, 25c TO $1.00. FINE
SHIRTS. KID GLOVES, LINEN HAND-
KERCHIEFS, PLAIN <M{ INITIAL .\
Handkerchiefs
We are showing thousands «>f pjettv hand-
kerchiefs tine embroidered corners, 5c, T'lr,
I5fc. 25c, oOc and up. Ladies' initial on
Fine Shamrock, Lawn and Pure Linen, Ilk.
15c and 25c
Fancy House Slippers
We have a most beautiful line of Men's,
\\ omen's and Misses' Fancy Kelt and
Wool Lined House Slipjiers,50c to $1.50 .-.
*0 Ladies' Coats bought at an End-
of-Season Sale for one-half price.
NOW ON SALE
Special Coat Purchase:
NOW ON
$10.00 Coat for 85.00
Walker Department Store Co.
THE STORE THAT SAVES YOU MONEY
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Kates, W. C. Claremore Progress. And Rogers County Democrat (Claremore, Okla.), Vol. 22, No. 44, Ed. 1 Thursday, December 10, 1914, newspaper, December 10, 1914; Claremore, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc181526/m1/1/?rotate=270: accessed April 25, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.