Roanoke daily times. (Roanoke, Va) 1886-1890, 1890-02-09
CHATS THE MAN"
A Dramatic Scene In the CoYporatio,
Court.

There was dramatic scene in c
Corporation court yesterday inornin
during the trial OF TIL, case Of jam
w. Barker, indicted for entering II
house of Mr.. s. Frank. ar No. 234 r. st
Main street, some weeks ago. wit
intent to steal. The principal wi
nesses for the respective sides were
Miss Frank and the prisoner ut tie
bar.
After Miss Frank had been swofn
and escorted to the witness chair b!
wealth's Attorney Wilcox
she told in a straightforward an'
interesting way how, on the night o
the burglary, she had fallen asleep il
her sick mother room, where she VIZ
acting as nurse, and how she Wa
awakened by hearing some one in the
room. When she first opened h r
eyes Miss Frank toll the jury size
thought the person in the room was
her father, but on second sight sh'
saw it was a strange man. She
screamed and caught hold Of the
man, who struggled madly TO
get away, and made for the steps
dragging her after him. She
held on, however, and even during the
fall both took down the stairs, SHE
never let go her hold. After the fail
down the steps the man continued IL
Ills attempt to get away, but still Miss
Frank held on, and only was forced II
let go OF him as he jumped our Of th'
back window.
After she had told her story to tin
jury, Lawyer James +. Duncan pug
the young lady through rigid cross
examination, but could not shake her
testimony. Then, as last resort,
the prisoners counsel asked the
young lady if she could identify thr
man. Her reply was that the
lawyers test was rather severe
one, but she thought she
could The prisoner had been brought
ia court with Miss Frank was out Of
the room, and was given q seat among
the spectators just inside the rail, in
stead of in the chair which criminals
generally occupy in order that no clue
to his identify could be obtained III
that way commemorative Attorney
Wilcox suggested that as the luan was
in standing position when Miss
Frank saw him it was no more than
right that she should see him stand TO
identity him .
Judge Brooks granted this request,
and everybody in the courtroom WAS
made to stand. The young lady com
uenced to scrutinize face by face in
the room, and after letting her eyes
fall on perhaps as many as Il hundred
n 10 IS
appointed, finally fixed them on
Barker, who was sitting near the
main entrance, and with piercing
look and dramatic gesture, said
That's the man." There was buzz
in the conrt room when the crowd
knew that Miss Frank was right, and
the prisoners face, which had before
worn a calm and unconcerned look.
was Swallowed with a disgluntled
smile. Then, as Sergeant Brimmer
cried silence in court, the prisoner
took the felon's chair.
Barker's story, when he took the
witness stand, was that he heard
screams in the house and went into
the alley way to see what was the
matter. AS he was coming out he
saw Officer Mitchell came up, aid he
told him there was something the
matter inside. Barker then walked
away, but had not gone many steps
before the officer called him back and
put him under arrest. He said
Miss Franks recognizing him was a
case of mistaken identity, and that in
his opinion, the real burglar made his
escape out of the back way.
After hearing argument, the jury
retired and found him guilty, fixing
his punishment at five years in the
penitentiary. They could have made
the sentence death.-Norfolk Virgin
ian of Saturday.