The herald., 1897-01-27
FACING HIS DOOM
j. F. Barthelman Has to
Pay the Penalty
FOR 4 CRUELTY H|DEOUS MURDER
The Verdict Returned Mid Som.
ber Surroundings
THOSE LETTERS ADMITTED
As Evidence ln the Sensational Spencer
Old Man Sp.seer Was Regarded q Dangerous
THOSE LETTERS ADMITTED
As Evidence In the Sensational Speacer
Case
Old Man Sp.seer Was Regarded q Dangerous
at Times
The Rubens Frauds Culminate In Iuds-
ment Being Given in a Personal Suit
Against Mrs. Mead-Curious
Features of a Will Contest.


lasted eight days-days that have been
full of torture for him-is now face to
face with the gallows.
After an absence from court of about
forty minutes, the jury returned with a
verdict of guilty of murder in the first
degree"
Frank Davis, Esq, defendants coun-
sci, resumed his mastery argument in
the presence of crowd that again
surged into and filled every corner of the
court room. Upon adjournment Mon
day evening he had reached, after re-
sumo of the defendants life and ante
cedents, the point where Barthelman
met his wife, Mabel, at the corner of
Second and Spring streets. He followed
him step by step from that meeting place
to the spot where the poor girl fell to
the ground pierced by the unkindly bull
let that let out her life. In the light of
the family history of the defendant,
counsel showed the probable workings
Of his unbalanced brain tortured by
doubts and fears largely conjured up
out of his own vain imaginations. He
| showed how Barthelman's actions cor
roborated the statements made by the
members of his family and others. as to
the insane taint that distinguished the
| family, and also pointed out with en-
! phasis that the explanation afforded by
| such statements offered the key to the
whole character of the defendant in so
far as his mad acts were concerned.
MR.. DAVIS PERORATION.
| In his peroration counsel spoke with
! the dignity and solemnity OF earnest pur-
pose somewhat as follows:
| Gentlemen of the jury, have gone
over this case conscientiously, under the
best light God has given me in intelli-
gence.
IF have helped you. then my duty
| is done. 1 am not the arbiter of this
mans fate or fortunes. They are with
you Into your hands con-
sign him. believing that, under
the light of facts which have been
presented here, you will do what is right
Do not be waited from your moorings
because counsel says to you that the
line of defense which we have thought
of or undertaken to prove in this case,
is not well thought of by courts, and do
not be waited from your moorings be-
cause counsel in the midst of passion
and invective shall cry out against MUIR
der and homicide.
God knows we all set our faces
against crime, but remember this. justice
does not stand here calling for ven-
geance. Justice ever stands with eyes
blindfolded in order that she may not
see what common prejudice presents
She stands, not with sword uplifted
nigh, With point stained with blood and
calling for vengeance, but the point of
her sword is ever downward. She stands
not with the red cap of anarchy in her
| hand calling for blood, but she
stands with the even scales,
| saying: Let fact come in. Let
| fact be weighed; weighed with con,
sc1ence, and with Judgment and let me
be impartial That is justice.
THE EXPERIENCE OF CDNTJ1R1Es
IF you stood confronted with the
proposition whether it were better to
let guilty man go or for an insane man
to be killed. which would you do? What
says human conscience and Judgment
from the experience Of centuries? Bet
ter that a thousand guilty men 20 free
than that one innocent man should be
punished Better 1t is for your con-
sciences and for mine; better for the
high civilization in which we live and
breathe, thank God, that under the
splendid institutions whose atmosphere
we enjoy, that a thousand guilty men
should go free than that one innocent
man-and above all man who is inno-
cent because disease has destroyed his
mind-should be punished for the act
that this man did.
You are to invoke conscience as we'll
as Judgment in your verdict for into the
elements of reasonable doubt comes con-
| science. You are not to be led away by
sympathy for the unfortunate family
whose tears have creased with sorrow
their faces and their hearts
"They have my pity and yours, but you
! cannot destroy mans life because you
sympathize with them.
"If in the hour wken Judgment shall
take its last seat upon the throne of de-
cision; II in that ultimate hour, when
between this mans punishment or his
liberation there shall come one instant
when out of conscience and of Judgment
shall come hesitation regarding the
facts in this case, then you must acuuit
him; and leave it to the law to determine
what shall be done to prevent him from
future acts
A PLEA FOR MERCY.
For moment there was pause, and
then, with almost dramatic pose and
uplifted finger, counsel pronounced the
following invocation. There was touch
of pathos in his subdued and solemn
tones as he spoke the words:
"All in that hour invoke our Chris
tian civilizations; l invoke, not the dark
ness of the middle ages and of days long
SOIS ny, Dul L Invoke tHlS HOuT-InlS
momert-this light in which we stand.
l invoke it in the name not only of the
goddess of justice, but in the name of
mercy and Christian civilization.
want your hearts to be touched-not by
naudlin sympathy, but by conscientious
sympathy. I want that there should
shine before you that splendid light
which makes clear the statute books of
this state. The light which Jesus Christ
showed when nailed to the tree and dy-
ing for you and for me he said: Father
forgive them. for they know not what
they do And when your hearts are
clear, and your minds are clear and you
shall act from Judgment and from con-
science, l am willing to place in your
hands for eternal veal or woe the fate of
John F. Barthelman."
BARE FACTS MINUS SENTIMENT.
There was murmur passed over the
courtroom as Mr.. Davis resumed his