Ed Plank, D. U. S. Marshal
TRIAL OF FORMER POLICE CHIEF DRAGS SLOWLY AT TULSA
December 6, 1914--Tulsa, Oklahoma—A. L. Sullivan, the first important witness for the defense in the W. J. Baber murder trial in an eyewitness to the killing of Deputy United States Marshal Ed Plank and Holmes Davidson on July 23, testified Saturday at the time Plank in Davidson were shot, they had their revolvers in their hands and a moment before exclaimed "I'll get him." Davidson, he said, had his revolver pointed toward the Baber home when Baber fired the shop that took Davidson's life.
The prosecution was making good headway in the cross examination of Sullivan court adjourned at five o'clock and sold one will again take the stand when court convenes Monday morning. The State finished its case at four o'clock Saturday afternoon. Previous to that time the jury visited the scene of the tragedy.
Immediately after the State rested the jury was removed from the courtroom while attorneys for Baber made the charge that Robert Poe, one of the prosecution's star witnesses, had been intimidating witnesses for the defense and offered to introduce testimony to prove the assertion. Judge Breckenridge ordered Poe brought before him and Buddy immediately after court adjourned and when officers were sent for Poe he could not be located. A Deputy Sheriff was instructed to have Poe in the court Monday morning.
Specific Charges
The defense charge specifically that Poe went to Mrs. Emma Pritchard, a witness for the defendant, and representing himself to be an agent of the state, and told her that her subpoena was illegal.
Mrs. Prichard was present and ready to testify to the alleged occurrence, but the court declared that the proof was not necessary at that time.
The prosecution declared that if the accusation was true, Poe's conduct was reprehensible and he should be punished accordingly. They volunteered to assist the court in ascertaining the fax in the case.
Very little progress was made Saturday so far as testimony is concerned, legal arguments in the visit to the jury to the Baber home and environs, taking up half the time. The afternoon session did not begin until 3: 30. When H. B. Irvine, the final witness of the state, had left the stand, the prosecution attempted to introduce in evidence, a court records showing that Baber was convicted on a liquor charge upon the testimony of Ed Plank.
Purpose Of Evidence
The purpose of such evidence was to show Baber’s state of mind toward Plank at the time of the killing. The instrument in question was held ill legal by the court and it was necessary to wait until an original copy could be brought from Muskogee. When it arrived the defense again objected to its introduction and was upheld by the court.
A. L. Sullivan, a driver of a bread wagon was called to the stand at 5:20 o'clock. He testified that he was arranging some loaves of bread in his wagon in front of the Baber home when the shooting occurred. After hearing the first shot, he said, he turned around and looked toward the Baber porch. He saw three men on the porch, all having revolvers in their hands. After the second shop they started away, Ike Wilkinson in the lead, said the witness.
“When Davidson got almost to the sidewalk, a" testified Sullivan, "he raised his revolver as if to fire at the window then came another shot from the direction of the house and Davidson fell. Just before that I heard Plank say to Davidson, "I'll get him." Plank then edged around the house and out of sight."
Regarding the fourth shot, the witness stated he could not tell where it came from, but that he saw the smoke from the gun near the back of the house.
On cross examination the witness admitted that he had never testified two points saying "I'll get him." Court adjourned until nine o'clock Monday morning.