The Wichita daily eagle., 1901-06-21
WILL SDBNIT GASE
Barker Case VIII Go to Jury
Today.
EXPECT VERDICT TONIGHT
Keller Is More Like HimseI f
in Trial.
EXPECT VERDICT TONIGHT


New York. June 2o.-AH the parties to
the KeIer-Barker case were in court in
Jersey City promptly today. Previous
to the resumption OF the trial Of Thos. G.
Barker for the shooting Of the Rev. John
Keller there was a whispered conference
between Judge Blair and the lawyers in
the case. the subject Of which was under
stood to be the publication in several pa
pers ofthis city and New Jersey of what
purported TO be a sworn statement By
Mrs. Barker of the alleged assault upon
her by Mr.. Keller April 1889, and which
constituted. as alleged, the justification
Tor the attempt upon kener's life in Feb
ruary Of this year.
County Prosecutor Erwin opened the
proceedings by addressing the court and
stating that the published story Of Mrs.
Barker had been brought TO his attention
and he hoped the court would take such
action as it deemed wise in the matter.
The county prosecutor said to make pub
lie such a 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 Winkle, counsel for Barker re-
Piled that SO far as any attempt was
concerned the press might be disciplined
as 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. Personal
~ he and his partner. Mr.. Wall. and Mr..
Barker had nothing to 90 with the pub
Iicstion. The court had power TO do
with the matter in its charge to the jury
as it saw fit.
Judge Blair said he would talk to the
jury when the proper time came. He
continued: There can be no doubt Of
the motive of the publication at this
time. The court viii make rigid inves-
tfgation ofthis reprehenslble act at the
proper time and it VIII be thoroughly"
Mrs. Louis a. Germand with whom
Mrs. Barker has been living ever since
the shifting, was the first witness called
TODAY. Miss Germand sai0 she had seen
Barker every day while he lived in her
house for two weeks before the shooting
He appeared mucn worried and could not
read.
After Robert warner and Frank H.
Bennett. srperintendent Of the cable com
pany. had testified that they knew Bar
ker as a quiet and peaceable man, Law
yer Van Winhe here said that the de-
fense closed its 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. Rev. Keller was called
to the stand in rebuttal. He saidthat on
the morning OF the shooting as he passed
along the east side Of Beach street, Ar
lington. he did not see Barker or 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
Barker before he was shot or that Barker
had said you wamned william, you out
ragged my wife"
Ibid you ever outrage Mrs. Barker or
attempt to de so?" asked Prosecutor Err
win.
The defense objected 70 this question
and udge Blair sustained tho objection.
did you ever borrow SS2 from Mrs.
Il did not" he replied.
Witness was then asked concerning
each item of alleged borrowed money and
in each case he answered that he had
not borrowed tie sr-n mentioned. lie
said that he never owed Mrs. Earlser any
money at any time.
3Ir. Keller said he had paid money to
Mrs. Barker, but it was because Of
AS.
not because he owed any thing The
minister then denied that Mrs. barker
left the church because Of an assault on
her. lie said he knew the reason but
on objection bv the defense he was not
allowed To tell what it was. Mr.. Keller
then left the stand, the defendants at
torneys having no question TO ask on
cross examination.
AIRS. Sands with whom Keller boards, !
testified that among many, Mrs. Barker's |
reputation for truth and veracity was
had. She also said IN reply to question /
by Bsrker's attorney that Keller did not /
pay his board. KeIlers reputation for I
truth and honor was good. Three other /
women ard man testified that Mrs |
Barkers reputation for veracity was bad /
Mr. Wn. r Fisher, an enert mental |
disease, tcSu1eo on February is he saw /
Barker in the county jail. Barker. on /
the advice of counsel refused to submit |
10 an examination as to his sanity. The /
witness said that reviewing all the cir
cumstances it was his opinion that Bar !
ker was at the time of the shooting, Feb
ruary 8. able TO distinguish between right /
and wrong. Witness had observed Bar
ker closely since the trial began and be- +
Heved him TO b esare
Dr. John ID. 8IcGil, superintendent OF /
the police board Of Jersey City. VINO ac- (
coupanied Or. Fisher when he went TO (
the jail TO see- Barker corrohorated the {
evidence Of the preceding witness and I
said he believed Barker TO be sane.
The case VIII so to the Jury in Jersey /.
City tomorrow about o'clock a YER 4
diet may reasonably be expected before /
niehr
Before court adjourned this evening the
evidence was al IN and nothing now re-
mains but the argument OF counsel and 4
the judges charge
CR STNDER |