Mr. CONIFF. Tell these gentlemen whether you have ever seen Judge Baker on the bench under the influence of drink or indicating that he had been drinking? Mr. COFFMAN. I have not. Mr. CONIFF. State whether you have ever seen Judge Baker during any term of court, on the bench or off the bench, in an intoxicated condition during that time. Mr. COFFMAN. No, sir. Mr. CONIFF. Mrs. Greer says that on one occasion at Elkins, when Welch and the others were present at this incident, where she says Judge Baker used profane language, that you were present. Do you recall any such incident at Elkins? Mr. COFFMAN. I do not. Mr. FOSTER. Do you have any recollection of being in the McClure House with your shoes untied and the tongue hanging out? Mr. COFFMAN. No, I do not have any particular recollection. Mr. COFFMAN. I have been known to go with my shoes untied when I was duly sober. My wife complains sometimes of my not being very neat about my dress. Mr. FOSTER. If they should be untied, the tongue naturally hangs out? Mr. COFFMAN. Yes, I suppose so. Mr. CONIFF. It is a habit not due to drinking? Mr. COFFMAN. I would not attribute it to that, but more to carelessness. I have been particularly careful to keep my shoes tied, though, since I read the first charges in this case. Mr. CONIFF. You have tightened up some? Mr. COFFMAN. Yes, sir. Mr. SCHUCK. Both on the shoes and drinking, Wade, haven't you? Mr. COFFMAN. Well, it is getting scarcer all the time. Mr. CONIFF. You may ask. Mr. SCHUCK. Wade, how many times since Judge Baker has been on the bench have you and he drunk liquor together? Mr. COFFMAN. A few times. Mr. SCHUCK. Where? Mr. COFFMAN. At the home of friends. Mr. SCHUCK. How many times in Wheeling? Mr. COFFMAN. I would not pretend to say; not many. Mr. SCHUCK. About how many? Mr. COFFMAN. I would not pretend to guess; not many; a very few. Mr. SCHUCK. How did you get the liquor? Mr. COFFMAN. Beg pardon? Mr. SCHUCK. How did you get the liquor when you were at Wheeling? Mr. COFFMAN. On the occasions that you are asking me about?. Mr. SCHUCK. That you and the judge were drinking together at Wheeling during the terms there: how did you get the liquor? Mr. COFFMAN. It would be served by our host. Mr. SCHUCK. Did you have any at the McClure House at any time while you were there? Mr. COFFMAN. Me? Mr. SCHUCK. You and Judge Baker together? Mr. COFFMAN. No, sir. Mr. SCHUCK. Did you have Fred Clayton bring you any at any time? Mr. COFFMAN. Yes. Well. I don't know-I won't say that I had him bring me any liquor. I would like to make a statement about that, if I may. Mr. SCHUCK. Sure. Mr. COFFMAN. Very frequently I would inquire of the prohibition officers, whom I knew, in a jest, "Have you any evidence "-have you any evidence, or did you obtain any evidence, and so on-just as a jest, Mr. Schuck, and I found one day Mr. Clayton took it seriously and said "Yes; he had some, and proposed himself to bring a little liquor to my room. He did so. Judge Baker knew nothing about it; had nothing to do with it; and did not, as I recollect, come into the room. He might have come to the door while Clayton and I were visiting and found that he was breaking in on a visit and retired. I am not sure about that. I have a sort of an impression that he did. Mr. SCHUCK. You knew that that was a violation of the law, did you not? Mr. COFFMAN. Well, I am not a lawyer, Mr. Schuck. Mr. SCHUCK. We so understood, during this trial, that you were. Mr. COFFMAN. You have understood several things during this trial that I deny. Mr. SCHUCK. You knew, however, that was a violation of the Volstead Act, did you not, to bring liquor to you in Wheeling—— Mr. COFFMAN. Well Mr. SCHUCK. Away from your home, while you were there as a clerk of the United States court? Mr. COFFMAN. I suspect that is true. Mr. DYER. Mr. Schuck, how do you figure that this question is material to the issues in this case? Mr. SCHUCK. A violation of the law. Mr. DYER. We are not trying anybody. Mr. FOSTER. Does he claim the judge was in on this? Mr. SCHUCK. That is just what I was going to ask him. Mr. CONIFF. He said Judge Baker knew nothing about it. Mr. SCHUCK. No; he said his recollection was not clear. I am going to ask that very question now. You and Judge Baker at that time had adjoining rooms in the hotel, did you not? Mr. COFFMAN. I do not think so. Mr. SCHUCK. Would you say that you did not? Mr. COFFMAN. No, sir; but I am under that impression. We sometimes had adjoining rooms and sometimes did not. Mr. SCHUCK. Did not you on that occasion have adjoining rooms, and is it not a fact that Fred Clayton, the prohibition officer, brought the liquor to you and that Judge Baker was there at the time and saw the liquor delivered? Mr. COFFMAN. No, sir. Mr. SCHUCK. And is it not a further fact that both you and Judge Baker partook of that liquor there at that time? Mr. COFFMAN. No, sir. Mr. SCHUCK. You drank it yourself, then; is that the inference I am to draw? Mr. COFFMAN. Well, you would draw that inference, I suppose. Mr. SCHUCK. All right. Mr. COFFMAN. I think Mr. Clayton joined in the festivities. Mr. SCHUCK. You had liquor with Judge Baker at other places in the district, when you were not at the homes of some friends, had you not? Mr. COFFMAN. I do not recall. Mr. SCHUCK. You which? Mr. COFFMAN. I do not recall. Mr. SCHUCK. Would Charlies Sharp have any reason in coming here and saying you were drunk on the night in question, that you know of any ulterior motive in doing that? Mr. COFFMAN. Oh, I might have a suspicion as to why he did it. Mr. SCHUCK. You never had any trouble with him, did you? Mr. COFFMAN. No, sir. Mr. SCHUCK. You did not know him before; did you? Mr. COFFMAN. No, sir. Mr. SCHUCK. And there was nothing that you know of, so far as he was concerned, which prompted him, any animosity or ill will, to come here? Mr. COFFMAN. No; it would not be from that reason. Mr. SCHUCK. That is all. Mr. FOSTER. What reason would he have? Mr. COFFMAN. I think he testified, immediately after this alleged scene in the lobby, that he was approached by Mr. Charles J. Schuck and made a note in his memorandum book, which was rather significant. Mr. SCHUCK. That would not affect his testimony as to whether it was true or not, would it? Mr. COFFMAN. I say that that is not true. Mr. SCHUCK. But that would not cause him to come here and tell an untruth about you, when he did not know you and when you and he had never had any trouble, or anything of that kind? Mr. COFFMAN. I told you I don't know the reason, but I have a sort of impression. Mr. DYER. I think that is merely argumentative. Mr. FOSTER. I think you have already suspicioned him. Mr. COFFMAN. Yes, sir; the only reason I can assign. Mr. SCHUCK. That is all. Mr. CONIFF. Call Mr. Moore. TESTIMONY OF MR. CHARLES MOORE-Recalled Mr. CONIFF. Mr. Moore, how frequently have you been in Judge Baker's court since he was appointed judge-how frequently have you seen him? Mr. MOORE. Well, I attended the 1921 term at Martinsburg and I have attended every term at Clarksburg and Elkins since that time, and I believe two terms at Parkersburg. Mr. CONIFF. Have you ever, on any of those occasions, Mr. Moore, seen Judge Baker during a term of court or on the bench, under the influence of drink, or showing any indications that he had been under the influence of drink? Mr. MOORE. No, sir; none whatever. Mr. CONIFF. Have you ever detected the odor of liquor on his breath? Mr. MOORE. No, sir. Mr. CONIFF. On the bench or off the bench? Mr. MOORE. Never in my life, anywhere. Mr. CONIFF. Did you ever see him take a drink? Mr. MOORE. I never saw him take a drink. I met Judge Baker in Washington two or three times, and I met him in Wheeling once besides the times I mentioned, and would frequently see him at night, both at Elkins and Clarksburg, during the term of court, and I never saw the time when I smelled whiskey on him, or he showed any signs of it. Mr. CONIFF. That is all. Mr. SCHUCK. That is all. TESTIMONY OF MR. H. E. STALNAKER (The witness was duly sworn by the chairman.) Mr. CONIFF. Mr. Stalnaker, where do you live? Mr. STALNAKER. I live at Wheeling. Mr. CONIFF. What is your business? Mr. STALNAKER. I am clerk of the McClure House. Mr. CONIFF. How long have you been clerk of the McClure House? Mr. STALNAKER. Seventeen years. Mr. CONIFF. Do you know Judge Baker? Mr. STALNAKER. Yes, sir. Mr. CONIFF. How long has he been a guest at that hotel, during the terms of the court there? Mr. STALNAKER. I think for about two years. I am not sure. Mr. CONIFF. You were on duty at certain hours during the day and night? Mr. STALNAKER. Yes, sir. Mr. CONIFF. You alternated with the chief clerk, I believe? Mr. CONIFF. During the time that you have occupied the position, since Judge Baker has been on the bench, Mr. Stalnaker, state whether or not you ever saw him under the influence of drink in that hotel, or giving any evidence that he was under the influence of drink? Mr. STALNAKER. No, sir; I never have. Mr. CONIFF. Did you ever see him take a drink? Mr. STALNAKER. I never saw him take a drink. Mr. CONIFF. I see you have the register there, but that matter we do not need now; there is no matter that makes that necessary. Mr. STALNAKER. All right. Mr. CONIFF. You may ask, gentlemen. Mr. SCHUCK. That is all. TESTIMONY OF MRS. KATE FLOOD (The witness was duly sworn by the chairman.) Mr. CONIFF. You live in Wheeling? Mrs. FLOOD. I do. Mr. CONIFF. And what position, if any, have you at the McLure Hotel. Mrs. Flood? Mrs. FLOOD. Cashier in the dining room. Mr. CONIFF. How long have you been cashier in the dining room at that hotel? Mrs. FLOOD. About 15 years. Mr. CONIFF. Do you know Judge Baker? Mrs. FLOOD. Very well. Mr. CONIFF. And during the time he has been on the bench, until January, I believe, he stopped at that hotel when he came to Wheeling? Mrs. FLOOD. I think he came there when he was first judge and stopped there until the opening of the Fort Henry Club, the reopening of the Fort Henry Club. Mr. CONIFF. And during this time he was holding court, how often would you see him every day? Mrs. FLOOD. Probably four or five times; maybe more. He would be in for breakfast, sometimes for lunch and again for dinner-not always. Mr. CONIFF. During all that time, have you ever seen Judge Baker intoxicated or give any evidence of intoxication? Mrs. FLOOD. Never. Mr. CONIFF. Have you ever seen him-do you know, are you acquainted, Miss Kate, with the appearance of a fellow who has been drinking? Mrs. FLOOD. I think I should be, Judge. I have been at that hotel when drinking was permitted there. Mr. CONIFF. Did you ever see him show any signs, Miss Kate, that would indicate to you that he had been drinking? Mrs. FLOOD. Never. Mr. CONIFF. You may ask, gentlemen? Mr. SCHUCK. That is all. TESTIMONY OF MR. HERMAN NEWMAN (The witness was duly sworn by the chairman.) Mr. CONIFF. What is your business? Mr. NEWMAN. Head waiter at the McClure. Mr. CONIFF. The McClure Hotel? Mr. NEWMAN. Yes. Mr. CONIFF. How long have you been head waiter at the McClure Hotel? Mr. NEWMAN. About eight years. Mr. CONIFF. Do you know Judge Baker? Mr. NEWMAN. Yes, sir. Mr. CONIFF. How long have you known him? Mr. NEWMAN. Well, I have been knowing Judge Baker about three years. Mr. CONIFF. You have known him ever since he has been on the bench? Mr. NEWMAN. Yes, sir. Mr. CONIFF. And I understand, until last January, he stopped at the McLure Hotel when he came to Wheeling. How frequently did yiu see him when he stopped there, Mr. Newman? |