New-York tribune., 1901-06-20
THE MORNING SESSION.

At the opening of the court yesterday Judge
Blair remarked: 1T is the desire of this court
that the case be concluded to-day, If possible"
The first witness called the defendant
Thomas C. Barker. who had been withdrawn
Tuesday afternoon after his counsel had
failed TO get in the testimony of the defendant
concerning his perturbed mental condition and
responsibility when he fired the shots at the
Rev John Keller.
Barker told his story in clear ringing voice.
that did not betray nervousness or excitement
! Barker, who presumed TO be in a mixed
mental condition. created surprise by minutely
detailing what occurred on the morning of Feb
ruary 3, but qualified it by saying. "As near as
can remember" He deposed that he went out to
purchase a newspaper and when he first
Keller the Clergyman thirty 10 forty feet
distant and was walking toward him, in Beach
ST. Il was in a terrible state of mind. said the
witness. LAS we'll I remember said
Barker. Mr.. Keller spoke to me-
What did he say?" asked Counsellor Van
Wrinkle
He said. Good morning. Mr. Barker"
What did you say?'
II said. You damned villain, you TRACED my
wife Then 1 shot him." replied Barker in
firm positive manner.
KELLER WAS NEAR HIM.
How far was Mr.. Keller from you when the
conversation took place."
Ten twelve feet
Barker contradicts the testimony of Keller
and also the three physicians. that the first
shot fired while the assailant was behind
Keller and the pistol was held within fifteen
or twenty inches of Keller's head. Keller de-
posed that he did not hear his assailant.
Barker told how he had gone TO the Town Hall
to surrender. He testified that his mental con-
dition was due 10 the story his wife had told
him. 1t had burned into his brain and mind.
and for two weeks preceding the tragic incident
he had been unable TO sleep.
Counsel for the defence made a determined
effort to have this story recited by Barker. and
asked many ingenious questions but Prosecutor
Erwin was alert, and quickly objected. Can
you explain your conduct that day." asked
Counsellor Van Wrinkle
Il was dazed, and cannot" replied Barker
Barker deposed that he had been influenced
by reading a statement In the public press
Counsel read it. 1t was that of William II. Bald
win, chairman Of the Committee of Fifteen at
the dinner at the st. George Hotel Brooklyn,
who was quoted saying: III a man injured
one dear to me- / would kill him"
How do you justify your cOnduct?'' was the
query of counsel
II Justify it because Keller had outraged my
ANSWER BLURTED OUT
The answer was blurted out before the Prose-
cutor could interpose an objection. but on his
motion the answer was stricken from the record.
Barker deposed that his relations with Keller
had not been friendly since January. 1899
when he learned that Keller had borrowed
$50 from Mrs. Barker. He said Keller came to
his house unlimited and called three four
times week until April 1899. when his visits
ceased. They had been friendly, even brother
ly, and Keller had often dined with them The
defence called in the Prosecutor 10 produce let
ter written by Barker to Keller, dated February
2t 1899. asking him to cancel the debt he owed
Mrs. Barker. The letter submitted Barker
testified that he received reply and wrote
again, and the money was paid. Barker said
his wife had ceased attending Kelier's church
before the dunning letters We're sent, but he
continued TO go to the church. The witness
SAID he had taken frequent bicycling trips with
Keller
The cross-examination revealed that Barker
had walked thirteen blocks to reach the corner
where he met Keller He denied that he went
In quest Of Keller but admitted he had passed
the corner twice He explained. however that
ne was In that condition of mind that he did not
know what he doing. The witness then
repeated all he had told on the direct examina-
ttCn relative to the assault. and said that as
he ran toward him Keller turned
The witness said he did realize what he
had done until he saw the blood ON being.
| asked why he had the revolver and two extra
cartridges in his pocket that morning Barker
replied: Il don't know. / carried II off and on
he admitted that he procured the weapon in
NeW-fork after the unfriendly feeling had be-
come accentuated.
REGRETS THE OCCURRENCE
The witness gave negative replies when asked
II he had ever shot man before, and if he did
not shoot a out West. He admitted that
! he was conscious that he was shooting Keller
/ but added that he regretted the occurrence
On the redirect examination the witness said
/ the story his wife told him had so proved on
/ his mind that he had been unable TO perform
properly the duties at his office during the fort
! night preceding the shooting.
Counsel finally succeeded in getting in the ont
/ rage question, the court allowed the answer
of Barker that the outrage referred TO was the
/ outrage perpetrated by Keller that my wife told
me Of" He said his wife did not know that he
had the revolver.
Didn't your wife say to YOU Tom Let us
live this down; anything you may do will only
bring publicity and disgrace on us?" asked
Mr.. Van Wrinkle but the question was ruled out
John V. Stevens, secretary of the Commercial
Gable Company by whom Barker was en-
ployed, testified that Barker's work was faulty
for several days prior TO the shooting; that he
seemed preoccupied, and repeatedly ad-
| dressed before he was aroused The witness
said he had spoken to Barker dozen times
and he finally replied that his head troubled
him.
MIR. BALDWIN EXPLAINS HIS REMARKS
William II. Baldwin, jr. chairman OF the Com
mittee Of Fifteen said yesterday that reference
in the Barker trial 10 speech made by him II
Brooklyn Inaccurate. The speech was mad.
last fall.' he said. lat a public dinner which
Bishop Potter and several other gentlemen in
terested in the moral condition OF New-York wer,
present The discussion had turned to the assaults