Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-06-22
BARKER euIlrY
CONTINUED from page ~
you or I might do. II you take up tn

4, you or might DO IL you take up the
book of prayer"
| Mr.. Van Wrinkle was here about t.
read from the book of prayer but was
prevented by the court.
Barker" said Mr.. Van Wrinkle. "let
a good life and his wife was insulted
She stood for all that was good In this
world and his happiness was conferred
in her. Along came Keller. He visited
the Barker family frequently. Keller
and Barker were almost like brothers
Something happened. Keller ceased hi:
visits to Barker's house and suddenly
| became stranger there. What hap
pened was not known to Barker unit
January. 1901.
| in his testimony Keller denied thai
he borrowed money from Mrs. Barker
He did pay money back and the CORE
spondencc is in EVIDENCE. Men do no,
pay back that which they do not owe
In January. 1901. Barker learned of the
assault and framed his mind to do the
shooting.
1T has been said that Keller was
shot from behind and that Barker lay
in ambush for him. The testimony in
| this respect is contradictory. l do not
pay much heed to the opinions of Drs
McGill and Strasser as to the course
| of the bullet. The fact is that Barker
met Keller and the fact that he was
| a minister and that it was Sunday
| morning, magnified Keller's crime in
Barker's mind. On the way from Kel-
ler's house to the police station Bar
ker said he hoped that he had killed
him. The testimony all shows that up
to the time OF the shooting Barker was
a peaceful, loving man of good DISPOSE
ton and good character
"As to the legal defense of insanity,
nobody knows much about insanity.
Experts differ on the subject. You may
say that the man committed the act
under delusion and that would ac-
quit him legally. Because IL man is able
to aim his pistol does not prove him
sane
The defense closed at 1l.45.
Mr.. Van Wrinkle closed his summing
up as follows:
Keller. who sat beside the prosecu-
tor. removed when Mrs. Barker made
the terrible charge against him.
Did he or his client sitting beside
him. ask for a full investigation in or
der that all the truth might come out?
No: they shut it all out. What did they
nave to fear from the full truth? Now
what does the prosecutor do instead?
lie says to Mrs. Barker: We don't
hear your story, but will assail your
character Was more dastardly
thing ever done in court" And can You
say Barker is guilty? You haven't
heard his justification. He was not al
lowed To tell it,"
Mr.. Van Wrinkle SkeletoniZcd the case
to show that Barker was not in his
right mind when the shooting was
done. He closed at ll.45.
Prosecutor Erwin then began his
speech and said:
Counsel for the defense wants You
tn aCquit on account of sympathy but
the court will give you the law which
directs you tn decide only on evidence.
The people of this country are waiting
to hear your verdict and know whether
law and order shall be upheld or an
arChy shall prevail in its stead, and
whether man take the law into his
own hands and commit Il crime and
then come into court and seek Vindi-
cation. If you think the prisoner guilty
say SO.
Barker is charged with assault with
intent to kill, atrocious assaults and
battery and with assault. The case
stands on the question did Barker
know the difference between right and
wrong when he shot Keller? did he
know what he did or not
Mr. Erwin i'll the course of his sum
weeks in which to cool off and had
purchased a revolver while he gave his
victim no chance, no warming an!
made no investigation Of the charges.
Here was something that had hap
pcucd Is months before. Why, it WIS
so old ii was fishy. 1t was such an
ancient story as would prompt any
man to make Il most rigid investigation
of the truth of what had been told
! him.
But she was in his company every
| day And in all that time she never
| told her husband a word, but told it TO
a grass widowcr from Massachusetts.
| whom she had known for Is months
and who happened to be living in the
house with her. and through him Bar
ker learned of ii first. Is that the act
| of an honest woman" Are We to Except
her as standard of womanhood? -
Mr.. Erwin ridiculcd the insanity
| theory and said that if Barker was not
| punished according to law New Jersey
would soon be in tho hands of Anarch-
| lists and people would be lynched in
the streets without any regard for law.
thus bringing disgrace on the faii
| name of the state.
| Judge Blair after recess charged thc
| jury. He said in part: The issues IN
this case arc now to be submitted t.
you. You must be guided only by tine
evidence, disrcgarding all you may
have read in the newspapers. The first
| two counts charge Barker with afro
cious assault with intent to kill. The
| two others charge common assault,
You may find him guilty or not guilty
! on any of the counts.
| THE chief defence is insanity. 1t is
Il defence which is subjected to care
full scrutiny and the burden of the
| proof is on the defendant The law
prcsumes a man to be sane. He must
prove his lack of knowledge that h,
| was doing wrong. He cannot say ht
did it under an irresistible impulse