THE PRISONER'S TESTIMONY

WEDNESDAY AFTERNOON.

When court opened in the afternoon Col Moore arose to a question of privilege in regard to what might be an imputation cast upon his character by the prosecution in asking that Sheriff Lindsay should accompany Mr. Moore to Wheeling with the articles of wearing apparel that been before the court, and that were asked for by the defense to obtain a microscopic and chemical analysis.

Mr. Hutchinson answered by saying that the State did not wish to cast any imputation whatever, but that they wanted the articles kept in the custody of the court.

BAKER ON STAND

Van B. Baker was the first witness called. He said: I am the husband of Eliza Baker. I lived very pleasantly with my wife. I saw my wife alive last on Monday afternoon, May 9, at twenty minutes after 3 o’clock. I took breakfast after 7 o’clock that morning. After breakfast I attended to some duties about the house; brought in water, coal, a few sticks of wood, and did some work in the garden; wheeled some wood from the orchard that I had previously cut. I assisted in bringing up tubs from the cellar and drew water from the cistern.

BAKER’S STORY.

I was about the house until after 8 o’clock, when I passed out on the commons; I saw three men, one of whom I recognized during the latter part of the week, before me in the yard; they wanted to see about renting the stable; I passed into the stable and opened the door; my wife came out and I told her these were the men who wanted to rent the stable. “She said, “All right.” We talked about the stable being suitable; one man said he was not particular about his horses being stabled, and I referred him to the old orchard, and we passed down to the embankment; something was said about the price, and I said I would see what would be asked for the stable and additional ground; I went back and told the women about the price; the women thought the lower portion would not be best; I made a trip over to Mr. Lee’s orchard and saw men cutting down trees; some time afterwards I went up to the upper part of the Cove; I went down after a considerable length of time to Mr. Knox’s shop and took a nail out of my shoe.

THE THREE MEN

I saw miss Ella Wisner and said to her, “Your fellow has gone back on you; you will have to stir up the postmistress about it.” I came back and found three men talking to my wife, who was making negotiations with them, She stipulated the price at $7.50 per month. The men did not think they could stand that sum. Afterwards an agreement was made to have them take only the stable and old orchard at the sum of $5 per month. The women wanted the money in advance, but the men said they could not then pay the money in advance. It was agreed that the money should be paid monthly at the end of the month. The article I had made for Paddy Mudd was then read to the men, and each agreed that it would do. Mrs. McWha signed the article and the men signed it also. My wife was getting dinner.

I said: “When you gentlemen come to get into the stable while you are here, if the women say anything, treat what they say with respect, but don’t argue with them; if you do you will get into trouble.”

Mrs. McWha was angry about dinner being late and the potatoes getting cold. I took one of the tubs to the cellar after the table was cleared up, and the rest of the washing was out, and things were put in shape; by my wife’s request, I drew two buckets of water and put in a tub, and I went out and then came back again and said I would go over to Steubenville and see my son, who was going to house keeping, and would stop there until three o’clock; my wife was dressing; I heard the clock strike two; said I would go down to Eddington and go on to Steubenville; while I was thus engaged three other men came down through the orchard and wanted to rent the stable and some other grounds; they said: “We want the lot to board railroad men; have orders or have been sent here by Mr. Casparis to erect a boarding house.”

ANOTHER PARTY

Some conversation was had between the men and my wife. We went out, I in the lead, my wife next, and Mrs. McWha last. Mrs. McWha said to my wife that she should go back, and for her to make all the necessary arrangements. We went out and surveyed the orchard, and the man who was doing the business talked about the privileges they should have and as to the amount; finally a price was agreed upon, at $10 per month, but they thought it was to high, and said: “Wait till we see whether there will be any supplies or not before there is any arrangements.” Arrangements were then made as to how they should get to and from the house; we talked about putting up fences, as the fences were old. If they should allow them to come across the field they should not go through the orchard; that they would not allow people around, especially on the Sabbath. We passed on down the back part of the orchard, and went to the house to see if mother would assent to the bargain. I saw my wife talking to Mrs. McWha about the matter: I said; “We are doing a good business.”

THE LADIES’ VISIT

Mrs. McWha answered, “Yes, some one was just here a bit ago and wanted in but I would not let them in.” My wife scolded her for not letting them in. she said it might have been some of the neighbors. She said: “No it was some of the paddies.” My wife went out and said: “The arrangement is all right; you can now pay me the ten dollars.” They gave us a fifty dollar bill to change, and I said I could do it, thinking they did not have the money. My wife said mother could change the money. She took the bill, asking if it was good. I said, “If the government was good it is good. The men went away after my wife gave them the change, a twenty and four five dollar bills. I then said I would not have time to make the train to Steubenville, and I will hardly have time to make the train to go home. I got her satchel. She showed me how to open it and we packed it.

KISSED HIM GOODBYE

My wife said: “Don’t you think you might wait until morning?” She kissed me and we parted. I then started and thought that the train was coming; I thought that I would go to Steubenville, and went up the turnpike to a point where the men had been crossing the field; I went this way because I thought if I should meet the train I would yet go to Edgington and Steubenville; I then went by the railroad to the Cove; saw some section hands; one of them told me I had ten or fifteen minutes to make the train; I went across to the spring and got a drink of water and went to the depot and met Thompson Gilmore and young Roberts; told them about the renting of the stable, etc., and said to those parties; “You know it takes a good while to make a bargain with the women folks.” I got my tickets for Hanlan’s and a return ticket; I wrote the name in the ticket; I went on to Hanlan’s Station. When I got off it was raining. I tried to borrow an umbrella. I saw Mr. Marquess and thought he might be going out the road I was going, and that I could ride, but did not think I should gain such as he only went part of the way. I found out that I would gain very little by waiting on Mr. Marquess, so I concluded I would go on and walk. I caught up to some parties; some of the men said, “Mr. Dunbar,” I said to him, “Can I ride up with you?” He said he has an ox team and horses mixed and would go slow. I got under a car on the Panhandle while it rained; these men, Mr. Porter Butterfoss being one of them, left me at this point. I finally got on the main road and kept it until I got to Cross Creek village. I saw no one till I met my youngest son and another boy. They called to me. When we got to open lot near the Presbyterian church I cleaned my shoes. I went up street to my father’s residence. Spoke to several persons as I went along. Got my supper and chatted awhile;’ spoke to father about being sick, and talked about family matters; went down street late in the evening, visited several stores and wrote a letter to my son in Steubenville. I got some dress goods at Mr. Anderson’s ; bought eight yards of one kind of calico, eight yards of another and seven yards of gingham, some thread, etc.; it all cost $2.23. I went back to father’s and took the goods. I told mother I would go home in the morning; went to bed and got up in the morning and started for Hanlan’s; I did not return the same way I went; I brushed the mud off my pants. One man said; “you don’t know me.” I studied for some time, and I named him; we talked about when he went to school to me in 1864. I took the train for Holliday’s Cove. Mr. Herron Campbell was going along. Mr. Roberts came along with the mail. I saw Mr. Lee at or near the postoffice; don’t know whether I got any mail or not. Mr. Lee and I talked about the new United States Senator, just elected. I saw Mr. Brown at the store; don’t remember of speaking to anyone in particular; I went towards home from there.

COMING HOME

As I turned to go up home I saw a buggy with a lady in it. She said, “Mr. Baker, tell Mrs. Baker that I called to see her and had a friend to see her.” I think I made the remark that it must have been when we were out in the orchard. I said “Who shall I tell her was there?” She said, “Mrs. Swearingen, Mrs. Dan Swearingen.” I went up as I always do to the kitchen door; I noticed the rear kitchen gate was partly open. I then went round to the front of the house, and found the door was not locked. I noticed just as I was entering, the window shutter. I entered and saw the bodies of my wife and mother-in-law.

At this point the witness showed the first signs of emotion. He continued: I lifted the body of my wife partially, and did not notice particularly the condition of affairs. I saw that everything was in a confused condition. I saw that my pocketbook with others was lying in the room, and I opened my trunk.

He denied positively the statement of Mr. Knox, and said that his pocketbook was found in the bed room, and not out in the yard. The first half hour I could not tell much what I did or what I said, there were so many questions and remarks made by the people gathered; I fell in with the idea that the murder had been committed at night. I gave Mr. Lee the key of the kitchen and cellar, the only outside keys of the house that I knew of. I saw guards placed at the different entrances, Randolph Gilmore and Thos. Gordon.

HIS REASONS

I took the particular route to the train because if I failed to make one train I could have caught the train the other way and gone to Steubenville. I went to the spring for no other purpose but to get a drink. I frequently spoke to Mr. Ferrill, the conductor; sometimes he was moody. I never thought very much of him; we had some little altercation some time before. I talked to no one on the train unless it was Thompson Gilmore. A few days before I went up I received a postal saying that my father was sick. I had the two objects in view—of getting some furniture for my son and seeing my father. I made arrangements with my father to sell a piano belonging to my daughter. I did not see Wm. Bonis to know him; I never saw him before. I heard him testify that I was rubbing my pants; such is not the case. There was no blood to rub off; had time at my father’s, several hours, to clean my pants if there was nay need of it. I saw no one on the train but Herman Campbell; don’t know whether we talked any on the train; we walked together 500 yards, but had no conversation after we left the postoffice. He passed me just at the gate when the buggy passed. I did not know Mrs. Swearingen when she spoke to me. Had no personal acquaintance with her. The boy, to the best of my knowledge, had no goggles on. I knew him on account of his having worn goggles.

HIS GRIEF

After I saw the bodies it was not more than one-fourth of a minute until I gave the alarm. The first persons I think that came were Herman Campbell and Mr. Hale. I was shocked, and felt excited. My grief was natural. I don’t know what Mr. Knox thought. Knox said to me, “Stop and tell us about this matter.” That is stop my grief and give an account of myself. I tried to answer the questions to the best of my ability.

The house was ordinarily fastened with an iron bolt inside the rear hall door; there is a cast iron bolt and an old fashioned fop catch on the latch; but one door leads out of the kitchen into the back yard and that door is fastened by a key and also an iron bolt; Mrs. McWha usually occupied the front sitting room; she kept her trunk in the hall; of late she kept it in the little bed room; I did not notice anything peculiar about the windows; my attention was directed to the gate.

Deputy Clerk Marshall was designated by the court to have the custody of the pants, collar and satchel.

Court adjourned at 3:30 P. M. to meet at 9 A. M. Thursday morning.

THURSDAY FORENOON

Court convened this morning at 9 o’clock, with the largest crowd in attendance with the exception of yesterday afternoon, when standing room was at a premium. The examination in chief of Baker was resumed, Mr. Moore propounding the questions.

SOMBODY BEARS FALSE WITNESS

The witness testified in substance as follows: I never saw the witness Gruber until I saw him in the cell; His representations that I said I was in the house when the door was pushed shut against the ladies were false; did not say that Mrs. Swearingen had been there; don’t recollect saying to Mr. McCloud that I believed the three men came back for the orchard to the house, and murdered the women for the $90 which they were supposed to have; I did not tell McCloud that my wife and I were in the house when the shove came against the door and that Mrs. McWha had pushed the door to; I never said to anybody that I got off at Collier’s station; don’t recollect saying that my wife had had a hard struggle. O. G. Lee’s statement about looking in a the window of my cell is false; nobody could see in the window, for it had papers tacked on it; he did not see in; he came to the cell last Monday very drunk, and when I ordered him away he said with an oath, “Baker, I’ll fix you for that.”

DIDN’T PLAY POKER IN A STEUBENVILLE SALOON

The testimony of the bar-tender about my wanting to borrow money on a coupon was false from first to last; I don’t know the man at all. I started west on the 6th of October; went to Steubenville and took the train about midnight of the 8th. On the Sabbath before going west I went to Washington county to see Dorie Hindman about finishing my school at Eldersville, did not find him at home. I returned to Collier’s and there met John Hindman, who told me where his brother was. I arranged with John who agreed to take Dories school, and allow his brother to take mine. I got back to the Cove on Monday; was not even in Steubenville on that Sunday.

The witness stated the testimony of Miss Ella Wisner about getting her mail was substantially correct; she would bring mine and I hers on different days; I had made no arrangement to take Miss Wisner’s mail to her on Monday, any more than any other day; I went to the postoffice that forenoon, received no mail for Ella and told her that her fellow had gone back on her; I only asked for letters.

WHERE THE AXE WAS KEPT

I recollect of somebody in the hall asking if that was our axe; it was usually kept in the wash-house; I did not tell anybody it was usually kept in the kitchen; Mrs. McWha generally took a nap in the afternoon; when there was no work going on in the sitting room, she would lie across the foot of the bed and take a nap; the prisoner went into a detailed statement as to the habits of the women in housing their chickens in the evening, and letting them out in the morning; on Tuesday morning when I went home I noticed the little chicken out; and I myself let the big ones out of the stable; the key of the cellar door was in its place where it was kept when the cellar was locked, on Tuesday morning; I noticed a candle on the stand in the sitting room about one-half burnt on the Tuesday upon which the murder was committed; it was not a stand—It was a table; we—my wife and I –would use a lamp in our bedroom, and Mrs. McWha would use the candle to retire by. With reference to the testimony of “Squire Lee”. He asked me as to my bonds—or certificates of a building and loan association; we went into the house, together, and we could not find the certificates; “Squire Lee in the testimony said he did not recollect of mentioning or looking for the certificates; Lee again testified that I had told him that when I was at Cross Creek I was very uneasy about my wife and mother-in-law; that I; was afraid the railroaders would murder them; that was a mistake; I never said anything of the kind; the railroaders were quiet and peaceable as anybody in that community; I was not afraid of their hurting anybody; I have heard of the certificates of stock; I did not tell John Knox that my pocketbook was found in the yard.

THAT COLLAR

Mr. Moore moved at this point that all the evidence with reference to the collar be stricken out, on the ground that there is no proof that it was the prisoner’s property; the only approach to proof of the ownership of the collar is that it was found in the room usually occupied by Mr. and Mrs. Baker.

The court ruled that the evidence with reference to the collar would be allowed to go on to the jury. The motion was overruled.

IN answer to a question as to whether he knew anything about the celluloid collar which had been in evidence, Baker said that he did not know anything about it. The collar I have on now I have worn since the 4th of last April; the collar I took off I threw away.

I generally wear two collars a year.

Mr. Moore—What, do you mean that you have worn the collar you now have on since the 4th of last April?

Witness—Yes, sir: I do. The collars I wear are celluloid, and when they get soiled I simply wipe them off with a wet cloth.

Mr. Moore—Then you could not have worn that collar offered in evidence on that day?

Witness—No, sir: I could not have had that collar on the day of the murder. I am positive of that.

THE TUB MYSTERY

About: the tub of water. I told Miss Gilmore that the greatest mystery to me was about the cloth being in the tub; I could account for the water, but could not for the clothing in the tub.

At this point court took a noon recess. The cross-examination of the prisoner will take place this afternoon and the probabilities are the Mr. McSweeny will propound the questions.