Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-06-19
RULED OUT.
Not Allowed to Tell His Story
on the Stand.
Cannot Testify As 70 His Own State
Of Mind, Feb. 3.
Keller Tells Why We Did Not Identity Barker
on That Day.

New YORK, June lS.-1he second day
of the trial at Jersey City Of Thomas
G. Barker for the shooting of the Rev.
John Keller at Arlington was full of
objections by counsel and clear cut,
cold and sharp rulings by the presid-
ing judge. Both principals went on the
stand during the day. Mr.. Keller told
his story straightforwardly.
The story Of Barker was not told
and may never be on the witness
etand. Under the rulings of Judge
Blair it seemed at the close as if the
defense must abandon the line of con-
tentiOn it had proposed to follow. The
court held that Barker cannot testify
to his own state of mind on the morn
ing Of the shooting. or as Prosecutor
Erwin put it, testify to his own in
sanity"
The object of the defense from the
moment Barker was called was to in
trcduce the alleged conversation be-
tween Barker and his wife, which, it
is claimed. led up to the shooting. Mr.
Van Wrinkle and Mr.. Wall struggled
hard TO get in something that would
leave an opening for this. They fought
hard and long, but at each tack We're
met with defeat. They went straight
at the question and sought to bring in
tho whole story, boldly and plainly,
but always lost at the end.
Barker was withdrawn from the
stand without having added anything
To the known facts of the case and
practically without testifying to any
thing material. He was withdrawn
temporarily, but unless some basis is
laid later for his testimony he may not
be recalled.
Upon this defeat came another when
DR.. Evans of the Morris Plains Asylum
was practically debarred from testify
ing. DR.. Evans was to testify to what
might be the case under given circum-
stances but the circumstances not hay
ing been established the doctor had to
step aside to be called later if a foun-
dation is laid for his testimony. The
court rose as soon as Dr. Evans was
withdrawn.
The story of Mrs. Barker may not
be told either now. unless counsel finds
some way which has not yet suggest
ed itself to introduce it, The rulings
of the court in every instance was pro
nounced quickly and Jersey lawyers
were generally of the opinion that the
exceptions Mr.. Van Wrinkle filed with n
lavish hand We're not such as would
upset the result if there was con
viction 1t was Jersey justice they said
ard the court was simply following the
rules and laws.
The prosecution met defeat several
times. notably when it tried to intro
duce the eye taken from Mr. Keller's
mead. 1t was presented in a bottle of
alcohol. but was barred out as grue-
some and having no bearing upon the
case. DIR. Strasser, one of the doctors
VINO attended Mr.. Keller, told of the
wounds and gave expert testimony
that Mr.. Keller was shot from behind.
Mr.. Van Wrinkle tried to get the doc
tor to admit that possibly Keller and
Barker met face to face. but the doctor
stuck to the statement that the shot
which was the most serious was fired
from behind.
Mr.. Keller was the last witness for
the state. He showed the Jury his
SCARED face and blinded and injured
eyes. He insisted in a mild way under
cross-examination that the shot which
entered his head was fired from be-
hind He said he had spoken to no
one and inferentially that there had
been no quarrel.
There was larger attendance today
thar on the first day. and big crowd
is anticipated. tomorrow, as Mrs. Bar
ker will go on the stand in it's course
IL she goes on at all.