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 courtroom. “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 3
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.
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 even 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.
The judge had said they would be hanged at ten o’clock, which meant that the prisoners should have been brought out by now. Some in the crowd were growing impatient, and more than one person wondered aloud what was holding up the proceedings.
Matt began to have the strange feeling that something was wrong, so he slipped away from the crowd and walked around into the alley behind the jail. He was going to look in through the back window but he didn’t have to. The moment he stepped into the alley he saw the Baker brothers and the man who had given false testimony on their behalf, Jerome Kelly, coming through the back door.
“Hold it!” Matt called out.
“It’s Jensen!” Harry Baker shouted, firing his pistol at the same time.
The bullet hit the wall beside Matt, sending little brick chips into his face. Matt returned fire and Harry went down. By now both Arnold Baker and Kelly were shooting as well, and Matt dived to the ground, then rolled over and shot again. Arnold clutched his chest and went down.
Kelly, now seeing that both Bakers were down, dropped his gun and threw up his hands. At that moment Sheriff Foley came out of the jail, holding his pistol and one hand, while holding his other hand to a bleeding wound on his head.
“Jensen, are you all right?” the sheriff called.
