Mr. NEWMAN. Well, from about two to three times a day. Mr. CONIFF. Have you ever seen Judge Baker, Mr. Newman, under the influence of drink, during that period, or indicating that he had had a drink? Mr. NEWMAN. I have not. Mr. CONIFF. You got very well acquainted with him, did you not? Mr. NEWMAN. Yes, sir. Mr. CONIFF. Have you waited on him at the table? Mr. NEWMAN. I waited on him at the table and seen that he was waited on. Mr. CONIFF. That is all. Mr. SCHUCK. That is all. TESTIMONY OF MR. JOHN MCLURE (The witness was duly sworn by the chairman.) Mr. CONIFF. Mr. McLure, what relationship are you to the McLure boys that run the McLure at Wheeling? Mr. McLURE. Brother. Mr. CONIFF. Harry and Bernie are brothers? Mr. McLURE. Yes, sir. Mr. CONIFF. Where are they now? Mr. McLURE. Bernie is in Miami and Harry is in Tampa. Mr. CONIFF. Harry is in Tampa, Fla., and Bernie is in Miami, Fla.? Mr. McLURE. They were there. Mr. CONIFF. What connection have you with the hotel? Mr. McLURE. I am in the cigar business with Mr. William John son. Mr. CONIFF. In the lobby of the McLure House? Mr. McLURE. Yes, sir. Mr. CONIFF. How long have you been there, John? Mr. McLURE. I have worked with Jimmie Dawson 14 years, and it was two years Mr. CONIFF. You have been there all the time? Mr. McLURE. Yes. Mr. CONIFF. You know Judge Baker here? Mr. McLURE. Oh, yes. Mr. CONIFF. How long have you known him? Mr. McLURE. I have known him a good many years. Mr. CONIFF. He stopped at the hotel, I understand, from the time he was on the bench until last January. How frequently did you see him during the time he stopped there? Mr. McLURE. For the first two years I saw him every morning and every evening. I would go on watch in the morning and work until dinner time, and then go on at 6 o'clock and work until they closed. Mr. CONIFF. You would see him frequently? Mr. McLURE. Yes, sir. Mr. CONIFF. He came to your desk, I understand, to get the morning and evening papers? Mr. McLURE. Every day; yes, sir. Mr. CONIFF. State during the time I have noted whether you have ever seen him under the influence of drink, or indicating that he had been drinking? Mr. McLURE. No, sir. Mr. CONIFF. That is all. Mr. SCHUCK. That is all. TESTIMONY OF MR. JOSEPH DOERR (The witness was duly sworn by the chairman.) Mr. CONIFF. What is your business? Mr. DOERR. Federal prohibition agent. Mr. CONIFF. How long have you been Federal prohibition agent? Mr. DOERR. Nearly five years. Mr. CONIFF. You know Judge Baker? Mr. DOERR. I do. Mr. CONIFF. To what extent have you been either associated with him or come in contact with him since he went on the bench? Mr. DOERR. Well, I believe I have been in every court since he has been on our bench. Mr. CONIFF. And how frequently in his court? Mr. DOERR. Well, the full term, as far as the run of the criminal docket went. Mr. CONIFF. Are you still connected with the prohibition department? Mr. DOERR. I am. Mr. CONIFF. During the time you have been there, at least, since the judge has been on the bench, was there ever any time, Mr. Doerr, you ever saw Judge Baker under the influence of drink, or indicating he had been drinking? Mr. DOERR. Never. Mr. CONIFF. In court or out of court? Mr. DOERR. I never did. Mr. CONIFF. Did you ever see him take a drink during that period? Mr. DOERR. No, sir. I have known Judge Baker for about 15 years. Mr. CONIFF. I am speaking now, of course, of the time he has been on the bench. Now, as a prohibition officer, did you have custody of any of this liquor or any other liquor that was confiscated at times? Mr. DOERR. Yes, sir. In the past two years I have. Mr. CONIFF. Now, do you know, of your own knowledge, or in any way, of Judge Baker ever getting any part of any liquor, particularly any of two batches mentioned here--have you heard of the 800 quarts and 64 quarts? Mr. DOERR. Yes, sir. I did not have charge of it at that time, though. Mr. CONIFF. Did Judge Baker ever, to your knowledge, get possession of that liquor or any other liquor that was confiscated by the prohibition department? Mr. DOERR. Never; he never did. Mr. CONIFF. Do you know anything about the destruction of liquor, or Judge Baker's method of having it destroyed? Mr. DOERR. Yes, sir. After the term of court, of each term of court, there is a destruction order issued, and at most all of the terms I am one of the parties helping to destroy the liquor held as evidence. Mr. CONIFF. That is all. Mr. SCHUCK. Joe, do you not know anything about the destruction of 800 quarts of bonded liquor, do you? Mr. DOERR. No, I do not. Mr. SCHUCK. That is all. TESTIMONY OF MR. ALONZO PRINCE (The witness was duly sworn by the chairman.) Mr. CONIFF. What official position do you hold? Mr. CONIFF. How long have you known Judge Baker? Mr. CONIFF. And to what extent, Mr. Prince, have you come in contact with Judge Baker, as judge in his court? Mr. PRINCE. I attended every session since October, 1922, in Wheeling and Parkersburg. Mr. CONIFF. Every day session? Mr. PRINCE. Yes, sir. Mr. CONIFF. At each of those places? Mr. PRINCE. Yes, sir. Mr. CONIFF. Out of court, how often have you seen him in the evenings? Mr. PRINCE. During the October term of court at Wheeling, I stopped at the same hotel that Judge Baker stopped at. I saw him every evening and every morning in the lobby at the hotel. Mr. CONIFF. Now, during these periods we have mentioned, Mr. Prince, state whether you ever saw Judge Baker under the influence of drink, or indicating that he had taken a drink? Mr. PRINCE. I never did. Mr. CONIFF. Did you ever detect the odor of liquor on him? Mr. CONIFF. You may ask. Mr. SCHUCK. You were engaged in court and in your field work during all that time, Mr. Prince, were you not? Mr. PRINCE. Pardon me. Mr. SCHUCK. You were engaged all that time in your field work, were you not, and just came into court when you had any particular case there? Mr. PRINCE. No, I was in court all the time. I had cases all the time in court. It was very seldom-- Mr. SCHUCK. You were in the court during most of the year? Mr. SCHUCK. Court would be in session about how much of the year, at the various places? Mr. PRINCE. Twice at Wheeling and twice at Parkersburg. Mr. SCHUCK. And those were the places you would visit? Mr. PRINCE. Yes, sir. Mr. SCHUCK. You did not go to the other places? Mr. PRINCE. Only once at Elkins. Mr. SCHUCK. That is the only time you have been there in the last two years? Mr. PRINCE. Three years at Elkins. Mr. SCHUCK. Three years at Elkins? Mr. PRINCE. Yes, sir. I was Federal prohibition agent for a year. Mr. SCHUCK. That is all. Mr. CONIFF. Mr. Prince, when you were in court, you would have occasion frequently, as I understand, to go up and talk with the Judge on the bench? Mr. PRINCE. Yes, sir. Mr. CON IFF. That is all. TESTIMONY OF MR. J. WALTER BEE (The witness was duly sworn by the chairman.) Mr. CONIFF. What is your business? Mr. BEE. I am Federal prohibition agent. Mr. CONIFF. How long have you been that? Mr. BEE. I am head of the field force of the prohibition depart ment. Mr. CONIFF. How long have you known Judge Baker, Mr. Bee? Mr. BEE. Oh, I have known Judge Baker a good many yearsI don't know just how many. Mr. CONIFF. To what extent has your position brought you in close contact with him during the time he has been on the bench? Mr. BEE. Well, most every court that has been held-Federal court. Mr. CONIFF. Every court that is held anywhere in the district? Mr. BEE. Well, I did not attend a court or two at Martinsburg, and I think there was one court at Elkins I did not attend. Mr. CONIFF. He holds court at Elkins, Martinsburg, Clarksburg, Parkersburg, and Wheeling- Mr. BEE. Yes, sir. Mr. CONIFF (continuing.) Twice a year at each place? Mr. BEE. Yes, sir. Mr. CONIFF. Now, except for the one or two or three instances you mentioned, you have attended every court he has held since he has been on the bench? Mr. BEE. I think so. I am not really positive about it. Mr. BEE. Yes, sir. Mr. CONIFF. And in court you were brought in close contact with him? Mr. BEE. Yes, sir. Mr. CONIFF. Your business brought you in very close contact with him? Mr. BEE. Yes, sir. Mr. CONIFF. You have seen him on the bench and talked with him on the bench? Mr. BEE. I have. Mr. CONIFF. And in his room? Mr. BEE. I have. Mr. CONIFF. And in the hotel in the evening? Mr. BEE. Yes, sir. Mr. CONIFF. Tell these gentlemen if at any time during this period when you have talked to him, you have ever seen Judge Baker under the influence of liquor or indicating he had had a drink? Mr. BEE. No, sir: I did not. Mr. CONIFF. Have you ever detected drink on his breath? Mr. BEE. I have not. Mr. CONIFF. You may ask. Mr. SCHUCK. How long have you been prohibition agent in charge, Walter! Mr. BEE. Two years, since 1922, April-the 1st of April, 1922. Mr. SCHUCK. You heard about the 800 quarts shipped to Elkins, did you not? Mr. BEE. Well, I think I did; I am not sure. Mr. SCHUCK. Did you ever make any effort to trace that or to find out where it had gone or what became of that? Mr. BEE. No, sir; I did not. Mr. SCHUCK. You never saw that destroyed or anything of that kind? Mr. BEE. No, sir: I did not. Mr. SCHUCK. You never assisted in its destruction? Mr. BEE. No, sir. Mr. SCHUCK. You never heard of its destruction? Mr. BEE. I did not: not that I know of. Mr. SCHUCK. That is all. Mr. FOSTER. Was it your duty to do any of these things? Mr. BEE. No, not particularly. We have two group heads, you know, in the northern district and one in the southern district, but I did not-they generally, when the court came in, the group head at Clarksburg now would look after taking this wiskey for evidence and, of course, when I came in, I do not know what they had stored-I came in two years ago, you see, and I do not know what they had stored at that time. I could not say. Mr. CONIFF. I understand the court never directed the prohibition officer to destroy it? Mr. BEE. It comes through the marshall's office. Mr. CONIFF. Yes: I understand that. Mr. SCHUCK. You help to destroy it frequently, don't you? Mr. SCHUCK. And Joe Doerr was your group head at that time, was he not? Mr. BEE. I think he was; yes, sir. Mr. SCHUCK. And you never knew of him destroying any of it, either, did you? Mr. BEE. I don't know of any of it being destroyed. Mr. SCHUCK. That is all. |