VAN B. BAKER ON TRIAL FOR HIS LIFE.

The Jury Completed, and the Work of Taking Testimony Begun.

Very Damaging Testimony for the Prisoner.

(Continued from Seventh Page.)

At the time of our report closed Tuesday, eighteen of the list of twenty jurors had been secured. No difficulty was experienced in securing the remaining two before the extra panel was exhausted, and by four o’clock the defense proceeded to exercise their privilege of peremptory challenge of eight jurors, and the twelve men who were to decide Baker’s fate, according to the law and evidence, were requested to stand up and be sworn.

THE JURY. They were: John Melvin, Jr., George Lambert, W. A. Jester, Robert Wilson, Henry Barton, Frank P. Spivey, Ralph Cowl, W. E. Mercer, Burgess A. Geer, John W. Johnson, Samuel Bucher, M. H. Thayer.

The Judge told the jurors that, inasmuch as they would be confined for some days, they had better send any word they wished to their friends. The Clerk told the jury to arise to their feet, and administered the following oath:

THE OATH. You shall well and duly try, and true deliverance make, between the State of West Virginia, and the prisoner at the bar, whom you shall have in charge, and a true verdict rendered in accordance with the evidence, so help you God.

Judge Boyd then stood up to charge the jury as to their duty. He warned them against holding any communication with other persons or to discuss the case among themselves. He then committed the jury to the care of Sheriff Lindsay, who will see that the proper precautions are observed. On motion of Mr. Hutchison, Court adjourned until this morning.

WEDNESDAY’S PROCEEDINGS. The court house was crowded this morning when Judge Boyd gave the signal for the commencement of proceedings at 9 o’clock. The heat was already oppressive, and gave promise of no little discomfort both to those actively engaged in the case, the “cloud of witnesses,” and the crowds of spectators. The prisoner took his seat, with the air of weariness which had characterized him on the first day, intensified to such an extent that the impression involuntarily forces itself upon the mind that, should the case continue for two or three weeks, as many think it will, the strain will be likely to tell seriously upon his health.

Up to today but few ladies have been in attendance. But this morning a large number of chairs were placed, inside of the bar, to the left of the bench and opposite the seats arranged for the jury, which were very soon filled with ladies, while many of the benches in the body of the court room were also occupied by the female portion of the audience.

On the convening of Court at nine o’clock, the jury having taken its place in the box, the counsel for defense moved that the State furnish them with all papers which they expect to offer in evidence, and to allow them to examine any clothing that might be offered in evidence, which motion was over-ruled by the court.

Stephen Brown, Esq., presented the case to the jury on behalf of the State, in a speech of about three quarters of an hour, followed by John R. Donehue, for the defense, who occupied the better part of an hour. The plan of the prosecution, as indicated by Mr. Brown, will be to show by the strong combination of circumstances, pointing directly to the prisoner at the bar, that he was the one who had committed the horrible deed.

Mr. Brown presented the case for the State in a clear though not extremely forcible manner, and left the impression there was considerably more left unsaid than was said, and that the prosecution would pursue the policy of resting their case to a larger extent upon the testimony of the witnesses than upon the arguments of counsel.

In the presentation speech on behalf of the defense, by Mr. Donehue, there was a greater effort at dramatic effect, combined with an attempt, even thus early in the case, to work upon the sentiments and emotions of the jury – and yet all the while he took particular pains to disclaim anything of the sort. The defense will endeavor to prove an alibi on the part of the prisoner, so far at least as to show that the murder must have been committed some time after Baker had left the house on the afternoon of the 9th of May, and in various ways they will endeavor to meet and explain away the net-work of circumstantial evidence which seems to be weaving itself about Baker as the murderer of his wife and mother-in-law.

THE JURY NOT ENTIRELY SATISFACTORY.

There is no disguising the fact that the jury, as empaneled on this important case, is not as satisfactory in its makeup as could be desired by the State, or to the friend of strict justice among those who are watching with intense interest every step of progress in this peculiar case. There are certainly two and perhaps three men that the prosecution would not have allowed to remain in the box had the State had the privilege of peremptory challenge, and surprise has been freely expressed that Judge Boyd ever permitted them to take their places among the twenty accepted ones, whom the State had then no power or right to reject.

At twelve o’clock M. the court took a noon recess.

AFTERNOON SESSION.

Upon reassembling of court this afternoon a request was made by the jury that night sessions be held, which was refused by the court.

Twelve witnesses of the prosecution were sworn, the first witness to testify being:

W. M. Lee, Justice of the Peace at Holliday’s Cove. He testified to having held the inquest over the bodies of Mrs. McWha and Mrs. Eliza J. Baker, on the afternoon of May 10th. He described the position of the bodies, the finding of the bloody axe and coupling pin, and the blood-saturated clothing. These articles were all brought into court by the Sheriff and exhibited to the Jury, and while they were being exhibited the prisoner was seen to wear an indifferent expression of countenance, and at one time even to smile. At the time our report closes, at half past three o’clock, Esquire Lee is still describing the circumstances of the finding of the bodies, and giving a detailed account of the appearance of the bodies and premises. The examination of the witness will probably occupy the time of the court the remainder of the afternoon.

The counsel for the State submitted to the court and jury a plan of the scene of the murder, at Holliday’s Cove.