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Baker and Kirby proceeded to Foster's house, but Orr saw them coming and fled into the woods. Later that day Orr went to a neighbor's house, a Mr. Lane, where he knew several men had gathered to kill hogs. Here he learned that Baker and Kirby had already been there and had taken an old man with them whom they soon released. Orr asked if any of the old men would go with him in pursuit of the outlaws. Three men volunteered and hastily arming and mounting, they took up the trail of Baker and Kirby. About a mile from the farmhouse Baker and Kirby stopped to rest and drink some more. It seems that they were pretty well intoxicated when they left the Lane place and evidently did not expect any of the men to follow them. When Orr and his men sighted the pair they dismounted and proceeded very cautiously, approaching to within a few feet of the two outlaws, who were about one hundred yards from the road and either drunk or asleep. At Orr's signal the four men raised their guns, aimed, and fired simultaneously, killing both men instantly. One write has tried to prove Baker was the original gun slinger of Texas. He certainly must have been a good shot for the twenty seven known men that he killed is proof that he knew how to shoot. He believed in fire power until the last for when killed Baker had about his person; one doubled-barrelled shot gun, four six shooters, three derringers, and five knives. Also found on his body was a copy of the Louisville Courier Journal, dated December 16, 1868. He had very carefully marked with pencil the following item:
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