New-York tribune., 1901-06-22
BLACK ART.
story of mod ern superstition from Maine
See The Sunday Tribune Tomorrow.
THE JUDGES CHARGE.
HE TELLS THE JURY THAT THE AL
LEGGED OUTRAGE WOULD HAVE
BEEN NO JUSTIFICATION.

Judge Blair's charge 10 the jury began shortly
before 100 o'clock. and was listened to by
crowded courtroom. The judge had a printed
copy Of the testimony before him, and frequently
consulted it. His charge was in part as follows:
The issue which we have been examining for the
last four days is about To he submitted To you
There Is nothing in the character OF this prosecu-
ton that is unusual In this court This case has.
to he sure acquired great publicity. and achieved
a large measure of meretTicIous notOriety. but
after all; the charge upon which this defendant is
being tried is that Of atrocious assault,
assauIt with intent TO kil-by no means an un-
usual form Of crime.
one particular most unfortunate is attended with
iT IN, comdphGatons ON ana to jury OF your
YOU should be neither difficult prolonged Your
produced before you this defendant is guiltv
or not guilty. What his punishment shall be, II ne
IS convicted, IS a matter with which you have no
Your Oaths prohibit from giving the slightest
paper papers or IN the public press or from conversa-
tions from the court. the arguments OF counsel and
The crime charged IS that of an assault with IN
tent to Kill II It is proved 10 your satisfaction
conviction. ~
JUDGING INTENTION FROM ACTION.
In the every day affairs Of life we judge the pur-
have right to infer that he intended TO i0inTe ~e o
destroy his neighbor's property.
If one discharges loaded pistol at a vital part
escape hitting him. we infer. although no word has
been spoken by the one firing, that he Intended to
take me- because to discharge a loaded pistol
under such circumstances would naturally produce
There is testimony TO show. and you must deter
nnlhe now satisfactory and conclusive that testi-
:. at about O'Clock. this defendant had left his
thirteen blocks 10 Midand-ave. and Beach-st that
he was then fully dressed. with his overcoat on,
then and there discharged four shots at Mr. Ke-
sS lers Two or them hitting him. one in the hand
the eye and the ear, and that this shot was fired
that the grains of powder from the discharge We're
the entrance of the bullet.
Here the Judge turned to Barker's own testi-
mony. and step by step brought the shooting
scene vividly before the mental vision OF the
jury. Returning TO his charge. he continued:
The law regards insanity with view to criminal
responsibilityan entirely different standpoint from
look at While the tests Of or I
the legal and the medical professions are entireiy
examined the with the purpose to discover
's Insanifv saaie OF nnd se Is entitled to much weight
established In conformity with the legal STANDARD
fence which while not disapproved of by the law
sffe 70 With ieaousy and IN the interest Of
In such defence the burden of proof is on the
IS he ence to hs ahs @ Of
atiirmativey by the accused and the fact Of in
proof your satisfaction "
LAW PREsUMEs SANITY
Inc law presufnes every man TO be sane and nos
sessed of sufficient degree of reason 10 be re
| sponsibe for his crimes and that presumption
continues until overcome by satisfactory proof that
sanity mas given way to insanity The defence of
Insanity to be successful consists in establishing
the fact that the mind OF the accused was AT the
time or the commission Of the criminal act so i'm
| paired and diseased that he incapable OF dis
tinsuishing between right and wrong with respect
TO the act that he doing.
So, Ihe me, defence must show afirmatively that the
Of otestoy,
OF the crime. and that the insanity was the imme-
diate cause Of the commission the crime in order
| 10 relieve the prisoner from responsibility
During the reading of this part of the charge
| Barker's counsel and Mrs. Barker looked ex-
tremely depressed. The charge created an at
| mosphere of certainty that Barker would be
convicted Continuing. the judge said
| The suggeston that person can be entirely "A no
| lmmeciately before and Immediately after the
| aoing OF some particular act and be insane ar
the instant that the act was coumtted may xe