“They could have referred to Mrs. McDonald’s intention to bake an apple pie. After all, the letters b-a-k, are the first three letters of the word bake. Perhaps it was a warning that the oven needed to be checked, lest there be a fire,” he said. “Don’t forget, we have a witness who testified that the Bakers left the McDonald Ranch with him on the very day the McDonalds were killed. And, according to Mr. Kelly, the McDonalds were still alive at that time they left. The burden of proof is on the prosecution. That means that, according to the law, in order to find Harry and Arnold Baker guilty you are going to have to be convinced, beyond a shadow of a doubt, that they did it. Prosecution has offered no evidence or testimony that would take this case beyond the shadow of a doubt.”
During Gleason’s closing, he pointed out that Kelly was not a very reliable witness, whereas the two witnesses who had seen the Baker brothers at the ranch on the morning of the murder were known citizens of good character. He also reminded the jury that the witness said that the donation had come directly from a cash box and that Arnold Baker had commented on the money.
“Mr. Pratt said he believed there was at least three hundred dollars left in the box, and maybe a little more. An affidavit from the bartender in Burnt Fork says that the two men spent lavishly while they were in the saloon, and Matt Jensen, acting as a duly sworn deputy, found two hundred sixty-eight dollars on them when he made the arrest.”
In addition, the prosecuting attorney pointed out that, according to Pastor Martin, whose testimony was also unimpeachable, that there was no evidence of any apple pie having been baked, which cast further doubt on Kelly’s story.
“With his own blood, as he lay dying, Scott McDonald scrawled the letters, BAK. BAK for Baker. He hardly had time to actually leave us a note, so he did what he could to see to it that those who murdered him, and his family, would pay for their act. We owe it to this good man to make certain that his heroic action is rewarded by returning a verdict of guilty of murder in the first degree for Harry and Arnold Baker.”
Less than one hour after the court had been called to order, the jury returned from their five minute deliberation.
“Gentleman of the jury, have you selected a foreman and have you reached a verdict?” Judge Norton asked.
“We have, Your Honor. I am the foreman,” a tall, gray-haired man said.
“Would you publish the verdict, please?”
“We find the defendants, Harry and Arnold Baker, guilty of murder in the first degree.”
There was an outbreak of applause from those in the gallery, but Judge Norton used his gavel to restore order. “I will not have any demonstrations in my court,” he said sternly. The judge looked around the court room. “Bailiff, where is the witness, Jerome Kelly?”
“He’s not present, Your Honor.”
“Sheriff Foley?”
“Yes, Your Honor?” the sheriff said, standing.
“I’m putting out a bench warrant on Jerome Kelly for giving false testimony. Please find him, and take him into custody.”
“Yes, Your Honor.”
“Now, Bailiff, if you would, bring the convicted before the bench.”
The two men were brought to stand before the judge.
“Harry Baker and Arnold Baker, I have presided over thousands of cases in my twenty-six years on the bench. But never in my career, have I encountered anyone with less redemptive tissue than the two of you. Your crime in murdering an entire family, a family that had taken you into their bosom, is particularly heinous.
“You have been tried and found guilty by a jury of your peers. Therefore, it is my sentence that, one week hence, the sheriff of Sweetwater County will lead the two of you to the gallows at ten of the clock in the morning. Once upon the gallows, ropes will be placed around your necks, all support will be withdrawn from under your feet, and you shall be dropped a distance sufficient to break your necks. And there, Harry Baker and Arnold Baker, you shall continue to hang until it is obvious that all life has left your miserable bodies. May God have mercy on your souls, for I have none.”
Chapter Three
The gallows stood in the middle of Center Street, well constructed but terrible in the gruesomeness of its function. A professionally painted sign was placed on an easel in front of the gallows.
On this gallows
At
Will be hung
The murderers Harry and Arnold Baker.
All are invited.
The idea of a double hanging had drawn visitors from miles around, not only because of the morbid curiosity such a spectacle generated, but also because the McDonald family had been very well liked, and the murders the two condemned had committed, including the murder of Scott McDonald’s wife and children, were particularly shocking
The street was full of spectators, and the crowd was growing even larger as they all jostled for position. Matt glanced over toward the tower clock in front of the courthouse to check the time. It was five minutes after ten.
