The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-06-17
nesses who win descrlpe what these shots

nesses who will describe what these shots
meant and the man who fred tnem.''
Continuing, the Prosecutor described the
departure of Mr.. Keller from his home
on that morning on his way to
Fort Lee. His journey, he said, was cer-
tainly interrupted. and all he knew was.
that he felt sharp twinge of pain. heard
another shot, fell to the sidewalk and
knew nothing until he was carried to his
home. The first shot was the one which
felled Keller to the sidewalk and when
lying there Barker fired three other shots.
Keller was shot from behind.
The Prosecutor at this point raised from
the table the pistol used by Barker, and
the clergyman's hat, riddled with the
three shots. Barker looked at them cool
ly while his wife still kept her head
averted and at times covered with her
fan.
Preparatory to the shooting resumed
the Prosecutor these men were good
friends. Barker lived some distance from
Keller and was engaged in New York
The crime. as we will show you, was a
felonious assault, and as Barker was fir
ing witness hallooed murder. He put
the revolver in his pocket and ran away
He took a trolley car to the Town Hall,
where he surrendered himself, and
Il object to that" interrupted Mr.. Van
Wrinkle, you don't know that he did,"
The Prosecutor annoyed at the inter
ruption, began to say that Mr.. Keller
was lying at the point of death for two
weeks as a result of this assault.
II object" shouted Mr.. Van Winkle
''you don't know thet.''
''Well,' said Mr.. Erwin, ''Mr. Keller
We'll show was, and one eye was closed
forever, and he can see but little by the
other. Barker was indicted and the in
dictment contained several counts. With
these bare facts before you 1 will close
the opening and lay before you the evil
dence of the case
Mr.. Erwin resumed his seat and called
for Lewis H. Broome, an architect, to ex-
plain the map of Arlington spread out
before the jury. At this point Mr. Van
Wrinkle was on his feet again and de-
manded that the Prosecutor should elect
on what count of the indictment he pro-
posed to try Barker.
'NWhy?" asked Mr.. Erwin, surprised.
Your Honor, the Prosecutor stated in
his opening that the defendant was in
dicted on several counts, one of which
was for high misdemeanor' and an
other for mere misdemeanor. Now let
US suppose this jury should bring in a
general verdict of guilty how can this
Court say which count of the Indictment
the general verdict applies to? ask the
Court, therefore, to direct the Prosecutor
to elect on which count he proposes to
try Mr.. Barker
81 refuse to so Direct said the Court.
Architect Broome took the stand and
pointed out the location of the houses
near to which Barker fired his revolver
at the clergyman. To fix the precise spot
where the shooting took place on Midland
avenue and Beach street, he had drawn in
red ink cross
why red ink??" demanded Mr. Van
Winkle
Its better than black
s'Why a CROSSE"
"Can see it better.''
I'VE object to this map because the
architect has marked the cross from hear
say evidence"
t'Overruled,'' said the Court.
Except" returned the lawyer.
William H. Harris, a photographer, of
Arlington, said that he had taken photo
graphs of the junction of Midland avenue
and Beach street, where the shooting
took place. Mr.. Van Wrinkle objected to
the Photographic prints because Harris
hadn't shown that he had developed them.
'tWho was with you when you took the
photographer" asked the Prosecutor.
1.-THE Prosecutor, Detective McCor-
mick, was the reply.
did Mr.. Erwin say what he wanted
you to show?"
Eyes, the place of the sh ding"
What other picture did you take?"
1.-The interior of Mr.. Keler's bedroom"
replied the photographer.
s'Your Honor, what relevancy can this
picture have to the case here? object
to it."
"overruled''
Now. Mr.. Photographer, that print
shows Mr.. Keller's hand raised. Did Mr..
Erwin tell him to do that?'
81 object to that" said the Prosecutor.
'sWhy?"
/ tits insinuating-''
'It's cross-examination, if you please
said Mr.. Van Wrinkle, who asked the
photographer if he didn't submit photo
graphs to the State which were afterward
destroyed. Because the print didn't show
the snow on the ground at the time the
lawyer objected to it,
81 ask the Court to prevent counsel
from making stump speeches and absurd
remarks said Mr.. Erwin.
II propose to protect my client and I
will say it notwithstanding what you
say" said Mr.. Van Wrinkle, angrily, ''tthat
this photograph was gotten up by the
State, touched up for its hideous effect on
the jury. This defendant is not on trial
for murder. Mr.. Keller is here and can
testify. I object to this print
The print referred to shows the clergy
man lyingHon his bed with the bandages
off the face and revealing the wound and
the destroyed eye. 1t was admitted as evil
dence.
Hugh r. Roome was the next witness.
He lives on the corner of Midland avenue
and Beach street. To this gentleman a
map seemed to be curiosity which he
had never seen before. He couldn't state
the location of his house. "but it was
there he was sure" He said that on the
morning of February 8 he heard pistol
shots. After he heard them he went out
on the street and saw Mr.. Kellar being