The herald., 1897-01-26
THE BARTHELMAN CASE.
Frank Davis, Esq, Opens Powerful
Argument for the Defense.

Ordinarily speaking arguments have
little fascination for the court room
habitues, but those in the Barthelman
case are an exception to this rule.
When Attorney Rush opened IN behalf
of the prosecution yesterday the court
room seats were all occupied. When
his sonorous tones rung out denuncia-
tion against the defendant the court
house stragglers wandered into Judge
Smiths department and helped to
swell the throng. Later in the after
noon, when 1t was noised abroad that
Frank Davis, Esq. was on his feet Tor
the defense the court room was packed
to the doors. Ingress and egress were
both cut off and a throng of people
gathered together from varied motives
hung spell-bound on the eloquent peri
ods of the learned counsel.
Attorney Rush is fighter His forte
is not the delicate handling of case
nor, perhaps, was it his intention TO
so deal with the Barthelman case yes
terday His resume of the evidence
was that of man endowed with strong
common sense and was less noted
for nicely of analysis than for
for strength of invective against
the defendant, and the pics or
insanity raised in his defense. Again
and again he denounced that plea OF
temporary insanity that began stimuli
taneously with the crime, and ended
with it, and which was not recognized
by the code and ought to have no con-
sideration shown to it in court of
justice.
In marked contrast was the eloquent
effort of Mr.. Davis. Without a monot-
onous interval his voice scarce rose
above the ordinary pitch. Dign1ned.
suave and insinuating, his manner and
general bearing accentuated his sk1llful-
1x- ory-or made in hRhalf
of his client.
Preliminary to a close examination
and analysis of the evidence Mr.. Davis
made a powerful appeal to the jury.
He urged them to ignore the opinion OF
the multitude, as with subtle breathing
it might have reached them; to re-
memeber only that millions of lives had
been lost that they might fill the posi-
tion they did; that they alone had to
pass upon the outlines or innocence of
the defendant, and in doing so he be-
seeched them to Danish all prejudice
and approach an examination of the
case animated by desire only for ab-
solute justice. He, on his side. prom
isad to follow simply along the line of
fair play; to examine into the actions
of the defendant in the light of what
had been testified to by all the witnesses
not few but all of them.
Mr.. Davis, in the course of his argu-
ment scathingly referred to special
counsel for the prosecution who for
money reward were called in to reinforce
the powerful resources Of the state.
He asked was it fair, or just, or in any
wise sensible for the prosecution, in
putting the Hypothetical question to the
expert witnesses, to have ignored
altogether the influences on the defend
ant of heredity and environment, and
the predispositions which, after numer-
Gus troubles, eliminated on the fatal
day when the mere suggestion that his
child was not kindly treated set his
brain in a blaze, and at once he deter
mined to have his child, to get the nee
essary papers out, etc.
Counsel very earnestly showed that
right there began the delusion which
led on to the fatal act itself. The mere
was not being kindly treated immediate
ly conjured up in Barthelman's mind
ideas of the little one being cruelty
used. and at once he determined to
take legal steps to recover possession
of it. Upon sending the note to his
wife appointing a meeting place he
chose Second and Spring. The note,
counsel contended, instead of being
subtle link in the chain of evidence
against Barthelman, indicated that he
had gone into the telegraph office and
got the sheet of paper as any man might
and indited the note on the impulse of
the moment. The delusion regarding
the child was moving him then, and
delusions, the jury had been told, were
indications of insanity
This morning Mr.. Davis will resume
for the defense