Brown in this case, Mr. Handlon, and Mr. Coniff, and myself. We can take the witness stand right now on that subject.

Mr. DYER. The committee will consider the request.

Mr. SCHUCK. I would like to recall Mrs. Greer.

TESTIMONY OF MRS. MARIAN C. GREER-Recalled

Mr. SCHUCK. You have already been sworn?

Mrs. GREER. I have.

Mr. SCHUCK. You testified this morning?

Mrs. GREER. I did.

Mr. SCHUCK. I will ask you whether at various times during the time the court was in session here, the Federal court in session here, you detected the odor of liquor on Judge Baker's breath while he was holding court here?

Mrs. GREER. I did.

Mr. SCHUCK. How many times, if you know?
Mrs. GREER. I could not tell you, Mr. Schuck.
Mr. SCHUCK. Were they so many?

Mrs. GREER. Yes, sir.

Mr. SCHUCK. I will ask you whether the same thing ever occurred at Wheeling?

Mrs. GREER. Yes, sir.

Mr. SCHUCK. I will ask you to state to the committee here what, if anything, you saw one day while court was in session here, or while the term was on here, with reference to Judge Baker having his head tied up?

Mrs. GREER. I know that Judge Baker came into our office and he had his head bound with a towel, and he had been suffering with headaches he told me that before-and that his breath was reeking with the fumes of whisky.

Mr. SCHUCK. I will ask you whether, after he came into the small room of the district attorney's room here

Mr. NESBITT. May I have the answer to that question again, please? Mrs. GREER. I said, Judge, that Judge Baker, on one occasion came into our office with a towel wrapped about his head and his breath bearing the odor of whisky.

Mr. SCHUCK. I will ask you whether that odor was so strong that it filled the district attorney's room while he was there?

Mr. GREER. I could only say it was so strong that I detected it, Mr. Schuck.

Mr. SCHUCK. I will ask you whether court was in session here at that time?

Mrs. GREER. It was.

Mr. SCHUCK. I want you to state to this committee, if you can, the number of times you have noticed a condition of that kind, so far as Judge Baker was concerned?

Mrs. GREER. I can not do that.

Mr. DYER. Why? Were there so many, or why?

Mrs. GREER. Yes, sir; I have noticed him when I thought he was under the influence of liquor and when I detected the fumes of liquor upon his breath upon many occasions.

Mr. DYER. Did you ever see him intoxicated?
Mrs. GREER. Yes, sir; I have.

Mr. DYER. When and where?

Mrs. GREER. Two occasions I think of now. One night, he and a court official

Mr. DYER. Who was the court official?

Mrs. GREER. Mr. I. Wade Coffman. I was sitting in the office, in the district attorney's office, one evening about 10.30, and Judge Baker and Mr. Coffman came in there. They were locked arms and they were what I would call maudlin drunk.

Mr. DYER. Any other time?

Mrs. GREER. Yes, sir.

Mr. DYER. When was that, did you say?

Mrs. GREER. I could not tell you what term of court that was. I believe it was the January term of court, the first term I served. Mr. DYER. Where was the court meeting at that time?

Mrs. GREER. In Parkersburg.

Mr. DYER. In Parkersburg?

Mrs. GREER. Yes, sir. And they came into my office, just across the hall from Judge Baker's office, one night

Mr. DYER. After the adjournment of court?

Mrs. GREER. Yes, sir. I worked quite late every night. The work was heavy and we had to come back, and I worked every night until 10 or 11 o'clock.

Mr. DYER. Were there any other times when you saw Judge Baker intoxicated?

Mrs. GREER. Yes, sir, Mr. Dyer, there were other times.
Mr. DYER. The committee wants to know.

Mrs. GREER. I remember one night at Elkins-I believe that was in the June term, 1923-I went to a picture show that evening with the clerk in our office and, after the show was over, we were going to our room and I asked her if she would stop at the office in the Federal building with me. Judge Brown had gone from the city, and the other assistants and I thought there might be a telegram or something that would need attention. As we went up the stairway and into the corridor of the Federal building we heard sounds, boisterous sounds, coming from one of the office in the Federal building. I opened the door and stepped in the office. Judge Baker was sitting on the desk and he was very boisterous, and he was decidedly under the influence of liquor.

Mr. DYER. Did you hear him say anything?

Mrs. GREER. Yes, I did, Mr. Dyer.

Mr. DYER. What did he say to indicate he was drunk?
Mrs. GREER. I do not like to tell you.

Mr. DYER. Was it profane language?

Mrs. GREER. Yes, sir; it was; very.

Mr. DYER. You need not state it. Were there any other times you saw him in that condition?

Mrs. GREER. I remember during the trial of the Smith case from Sistersville-I reported that case in this court room, and on several occasions Judge Baker called me to the bench to read back the evidence, and I know that he was drinking then. I could not give you the term; I do not recall that, but the records would show.

Mr. DYER. He was intoxicated, you mean, while he was on the bench?

Mrs. GREER. While he was sitting on the bench. I could only say that he was flushed; his breath bore the odor of liquor, and his conduct was such that I believe he was intoxicated, sir.

Mr. DYER. Was his manner of conducting the business of the court indicative of that condition at that time?

Mrs. GREER. Decidedly.

Mr. DYER. Can you recall some instances?

Mrs. GREER. Yes, sir. I recall that Governor White came into the court room, and Judge Baker called him up to the bench, and he talked with Governor White. I heard one or two remarks he made to Governor White; I did not hear all of the conversation; and he called me to the bench, and he asked me if the prosecuting attorney had asked the question of the witnesses where Sistersville was located. Mr. DYER. That is a town in this State?

Mrs. GREER. Yes, sir.'

Mr. DYER. What county is it in?

Mrs. GREER. It is in Tyler County. I looked over the notes; I leafed back over the notes, and I told Judge Baker the questions he asked about had not been asked the witnesses. He then asked counsel for the defendant if they had completed their evidence. He said, "Yes." That, I think, was a Mr. Smith. I am not certain about it, but the records would bear that out. I think his name was Smith, or Schmidt. He then turned to counsel for the district attorney's office, and he asked him if the Government had rested, and he said, "Yes." And Judge Baker said, "Well, he regretted very much to announce that the court would have to direct a verdict of not guilty, because the venue of the crime had not been proven.

Mr. DYER. In other words, to discharge the defendant?

Mrs. GREER. No, sir; he did not discharge the defendant, because they contested it and told him-Mr. Dyer, I do not know anything about the law of it, but he told him something to this effect, that the town was incorporated under an act of the legislature and he would be forced to take judicial notice of the act of the legislature. Mr. DYER. Sistersville was in the northern district of West Virginia?

Mrs. GREER. Yes, sir; it was.

Mr. DYER. And the judge afterwards changed his views?

Mrs. GREER. Well, he demanded that we furnish a brief on that subject.

Mr. DYER. You mean the district attorney?

Mrs. GREER. Yes, sir. He was very arbitrary and ugly in his

manner.

Mr. DYER. You refer to this to corroborate your statement that the judge was intoxicated while on the bench and was not fit or able to properly discharge his official duties?

Mrs. GREER. Mr. Dyer, that is my honest opinion.

Mr. DYER. Are there any other instances you can relate?

Mrs. GREER. Yes; there are others. I remember one evening in Wheeling we had a night session of the court, when, I believe, Judge Baker was drinking.

Mr. DYER. State what you saw and what the judge did to indicate that.

Mrs. GREER. I went into the court room to speak to the reporter, Mr. Charles V. Price, who was reporting the case, and the court-I

know his appearance right well-the court left the bench, court adjourned, and he walked in his room. There were several attorneys in the room and one or two court attachés. They were drinking, Mr. Dyer, and the condition in that court room was not good. Mr. Frank O'Brien got up on the judge's chair and rapped for order and everybody laughed. Judge Baker came out of his chambers, which was just back of the bench, and he was quite indignant. Mr. O'Brien turned and said, "Judge, you don't mind me occupying a high judicial position once, do you," or something to that effect. Anyway, Judge Baker turned off. That is the last I saw of Judge Baker. Mr. Coffman and the attorneys, Mr. G. Allen Gardner, Mr. O'Brien-well, there were some others there-went down through the corridor. I would say they were drunk, Mr. Dyer.

Mr. DYER. Do you recall any other instances now, Mrs. Greer?
Mrs. GREER. I recall no other specific instances just now.
Mr. DYER. You report cases, do you, in the court at times?
Mrs. GREER. Yes, sir.

Mr. DYER. Take testimony in cases?

Mrs. GREER. Yes, sir.

Mr. HICKEY. Did you transcribe the statements made by Judge Baker at the time he took the case from the jury?

Mrs. GREER. At the time the case

Mr. HICKEY. At the time the case was taken from the jury on account of the failure to prove venue?

Mrs. GREER. I do not recall whether I made a transcript or not. Mr. HICKEY. His statements made at the time were in the transcript?

Mrs. GREER. Oh, yes.

Mr. HICKEY. You have those statements?

Mrs. GREER. I should have those statements.

Mr. HICKEY. Was there anything in the statements that indicated intoxication?

Mrs. GREER. Yes; I thought there was.

Mr. HICKEY. Could you furnish the committee with a transcript of those statements?

Mrs. GREER. I would be very glad to if the notes are available. I looked a few days ago for the Raymond Spinosa case, and am inclined to think I left the notes in the clerk's office, and if those notes are there, I will be very glad to have them transcribed.

Mr. NESBITT. Now, Mrs. Greer, on the occasion at Elkins, when you say the judge was sitting on the desk in the clerk's office

Mrs. GREER. No, sir; I did not say the clerk's office.

Mr. NESBITT. Where did you say?

Mrs. GREER. I should have said the marshal's office.

Mr. NESBITT. The marshal's office?

Mrs. GREER. Yes, sir.

Mr. NESBITT. During the June term?

Mrs. GREER. My recollection is it was the June term, 1923; but, Judge Nesbitt, you can determine that positively. It was the first summer term after Marshal Curry was appointed deputy marshal. Mr. NESBITT. Who was present?

Mrs. GREER. Marshal Buchwald; Mr. Koontz
Mr. NESBITT. Deputy marshal?

Mrs. GREER. Yes, sir; deputy marshal. Mr. I. Wade Coffman. Marshal Curry was in the front office of the marshal's office and came out and told me that was no place for me to stay. Mrs. Mettler, a clerk in my office, was in the office with me at the same time and came up with me.

Mr. NESBITT. Was Deputy Marshal Charles K. Welch present? Mrs. GREER. Yes, sir; that is my recollection, that Marshal Welch was present.

Mr. NESBITT. Mr. Russell Barrett was there, the deputy clerk? Mrs. GREER. I am not clear as to that; it seems to me Russell was there. There were several. The marshal's office is a small room and it was quite crowded.

Mr. NESBITT. Now, then, on this occasion, when you say you smelled liquor on the judge's breath when he came into the district attorney's office with a towel around his head, who were present?

Mrs. GREER. I could not tell you, Judge Nesbitt. Our usual force, whoever that was.

Mr. NESBITT. The district attorney's force?

Mrs. GREER. Yes, sir.

Mr. NESBITT. Now, on this occasion when the question of venue arose, was not the testimony that the thing that was in issue had occurred at Sleepy Hollow?

Mrs. GREER. That is true.

Mr. NESBITT. And was not the question in the case as to whether the mere proof that the thing had happened at Sleepy Hollow was sufficient to establish the venue?

Mrs. GREER. Sleepy Hollow was a suburb of Sistersville, or street. I have never been there, but from the evidence my recollection is that Sleepy Hollow was a street or section of the town of Sistersville.

Mr. NESBITT. Yes; and it had been proven in the case by the Government that the thing with which the defendant was charged had occurred at Sleepy Hollow?

Mrs. GREER. That is true.

Mr. NESBITT. But there was no evidence in the case, or at least the judge knew of none, to disclose the fact that Sleepy Hollow was in the northern district of West Virginia? That is the fact, is it not? Mrs. GREER. There was evidence to show that the crime was committed in Sistersville.

Mr. NESBITT. In Sistersville?

Mrs. GREER. Yes, sir; in Sistersville.

Mr. NESBITT. Did that affirmatively appear in the record?

Mrs. GREER. Yes, sir.

Mr. NESBITT. Was there anything in the record to disclose that the Sistersville referred to was Sistersville in the northern district of West Virginia?

Mrs. GREER. Judge Baker evidently thought not. I differed with him to such an extent that I sent for the United States attorney when he announced that he would have to direct a verdict of not guilty for the defendant.

Mr. NESBITT. And did the judge recede from his position or was it proven, and permitted to be proven, that Sistersville and Sleepy Hollow were in the northern district of West Virginia?