Evening star., 1901-06-20
CONTEMPT OF COURT
Mrs. Barker's Published Statement
So Held by Attorneys.
THE COURT WILL INVESTIGATE
Trial of the Barker-keIIer Shooting
Case Resumed.
MISS GERMOND A WITNESS

NEW YORK, June 2o.-An the parties to
the Keller Barker case were in court in
Jersey City promptly today. Previous to
the resumption of the trial OF Thomas @.
Barker for the shooting OF the Rev John
Keller there was whispered conference
between Judge Blair and the lawyers in
the case, the subject of which was under
stood to be the publication in several
papers of this city and New Jersey of what
purported to be sworn statement by Mrs.
Barker OF the circumstances of the al
legged assault upon her by Mr.. Keller April
10. 1899. and which constituted, as alleged,
the justification for the attempt upon Kel-
lers life in February of this year.
County Prosecutor Erwin opened the pro-
ceedngs by addressing the court and stat
ing that the published story of Mrs. Barker
had been brought to his attention, and he
hoped the court would take such action as
II deemed wise in the matter. The county
prosecutor said to make public such
statement at such a time was a violation
of the line of conduct that had been laid
down by the courts In such cases as the
one pending.
Mr.. Van wrinkles Statement.
Mr.. Van Wrinkle, counsel for Barker, re-
piled that so far as any contempt was con-
CeTneu In6 press lnlsnl ~ hfSttIiAtS1 ao
the court pleased. Mrs. Barker. he said.
had many friends. She was not on trial
and her friends had the right to publish
anything they saw fit. Personally, he and
his partner, Mr.. Wall, and Mr.. Barker had
nothing to do with the publication. The
court had power to do with the matter in
it's charge to the jury as 1t saw fit.
Judge Blair said he would talk to the
jury when the proper time came. He con-
tinued: There can be no doubt OF the mo-
tive Of the publication at this time. The
court will make a rigid Investigation OF
this reprehensible act at the proper time
and 1t will be thorough"
Miss Louise Germond, with whom Mrs.
Barker has been living ever since the shoot
ing was the first witness called today.
Miss Germond said she had seen Barker
every day while he lived in her house for
two weeks before the shooting. He ep-
peared much worried and could not read.
Defense Rests Its Case.
After Robert Warner and Frank II. Ben
nett, superintendent of the cable company.
had testified that they knew Barker as q
quiet and peaceable man Lawyer Van Win
kle here said that the defense closed It's
case. No attempt was made to present
Mrs. Barker's story of the alleged assault
In the form Of a hypothetical question to
an insanity expert, as had been reported
would be done.
The Rev. Mr. Keller was called to the
morning of the shooting, as he passed
along the east side of Beach street, Arling-
ton, he did not see Barker say to him,
Good morning"
This was objected to by the defense, but
the court overruled the objection. Mr..
Keller then denied that he had seen Bar
ker before he was shot, or that Barker had
said: You id villain, you outraged my
wife"
Did you ever outrage Mrs. Barker
attempt to do sof' asked Prosecutor Erwin.
The defense objected to this question, snd
Judge Blair sustained the objection.
Did you ever borrow SS3 from Mrs
Barker?" the witness was then asked.
"T did not" he replied.
Witness was then asked concerning each
item of alleged borrowed money, and I'm
each case he answered that he had not
borrowed the sum mentioned. He said that
he had never owed Mrs Barker any money
at any time.
Declares He Was BIackmaiIed.
Mr.. Keller said he had paid money to
Mrs. Barker. but 1t was because of threat
eping letters sent by Barker and not be-
cause he owed anything The minister
then denied that Mrs. Barker left the
church because of an assault on her He
said he knew the reason. but on objection
by the defense he was not allowed to tell
what 1t was. Mr. Keller then left the
stand, the defendants attorneys having
no questions to ask on cross-eXamination.
S
Keller boards, was called by the prose
cutor. The defense objected to her testf-
fying as to Mr. Keller's character, be-
cause his character had not been attacked
by the defense.
Then the prosecutor created a sensa-
tion by asking her, do you know Mrs.
Barker's reputation for truth and veraci-
ty in the neighborhood in which she livesy
Il do" was the reply.
What is that reputation, good or bad2'
bad among many, said MIS- SANDS.
On cross-examination Mr.. Van Wrinkle
asked Mrs Sands: Mr. Keller has lived at
your house for some yearsY
He has"
And he doesn't pay you any board7"
He does not.
Four other witnesses testified that Mrs.
Barkers reputation for veracity was bad.
Dr. William r. Fisher, an expert in mem
tai diseases, testified that on February 10
he saw Barker in the county jail. Barker
refused to submit to an examination at
the advice of counsel
Had Observed Barker's Actions.
The witness said he had carefully OBJ
served Barker's actions and had noticed no
indications of mental or physical disease
of recent date. Barker, in his opinion, was
of sound mind on February 3 and was In
the same condition now. Reviewing all the
circumstances of the shooting, it was his
opinion that Barker was sane at the time
of the shooting and able to distinguish be-
tween right and wrong.
Under cross-examination, the witness said
he thought that Barker did sane act when
he surrendered himself after the shooting.
He had surrendered, witness thought, prob
ably because he was afraid of mob vio-
lence.
DR. John D. McGin, superintendent of the
police board Of Jersey City, who accom-
panied Dr. Fisher when he went to the
jail to see Barker, corroborated the evi-
dence of the preceding witness and said
he believed Barker to be sane.