The sun., 1901-06-18
BARKER TRIAL UNDER WAY:
S5 MINUTES TO FIN JIRF BOX ~
KELLER SHOOTING CASE.

| The case Of the State Of New Jersey against
| Thomas @. Barker. charged with feloniously
assaulting the Rev. John Keller at Arlington.
n. j, ON Feb. last. began before Judge
| John A Blair in the Court Of General Ses-
sions. Jersey City, at 10 o'clock yesterday
morning With perhaps the single excep-
tion Of the Bosschieter murder in Paterson
last fall a nd the trial of tho four participation
In that affair, no criminal event in New Jersey
in years has attracted greater attention or
has been SO generally discussed and argued
| from all points Of view as has this curious
| case. II was not the mere fact Of the deadly
assault itself. shocking as that was, which
so intensely moved people 1t was the mo-
| tive given by the assallant for his action.
| In explaining why on a Sunday morning
he shot down in the streets OF Arlington
clergymen generally beloved and respected
Barker made charge against his victim
| 80 horrible that its bare recital stirred mems
| blood even more than did the deadly assault
itself III IL were true. they said, no man
that had the spirit Of man could marvel
at Parker being driven to murderous frenzy
on hearing the story from tho lips OF hs
| wife. the alleged victim OF what. " the story
were truewas the clergyman unspeakabls
| villiany. On the other hand. II the charge
| was based on "A half-Crazed woman's hal
| lucination. or II it was IA malicious falsehood
| invented out OF sheer devilishness on the part
| OF a vicious woman. then never was there a
man more cruelty wronged than was ths
| Rev John Keller.
In all Hudson county where the crime was
committed there probably is hardly a man
or woman WHO. on one side or the other
has not formed or expressed an opinion.
| The discussion has been so general, so keen
and so bitter on the part Of the adherents
and the opponents o, the clergyman that
ranking feuds have been created and the
| foundations Of lifelong friendships shaken.
Yet with all the intensity OF feeling which
| in New York would have meant days. II not
| weeks. in getting a jury. IL was just thirty
| five minutes after the first jurors name was
| called In the old-fashioned Court House up
| In Jersey City Heights yesterday morning
| that the jury was sworn and Prosecutor
Erwin was ready TO begin his opening Of the
| case. To be sure. there was an argument
| also. .thirty-flve minutes in length. concerning
the jury panel before the actual work OF
| jury getting began. But that was u collateral
| matter. 1t had nothing to do with the be-
wildering one-two-three-s d-in-you-go ra-
| pidity with which the Iurymen were bundled
| into the box after the real business OF getting
| jury began. People know each other. even
| in Jersey City. TO say nothing OF the smaller
communities OF the county, and nearly every
| luryman's identity was known TO the Jersey
| contingent In the court room. and the general
verdict was that II was one of the best juries
that ever sat In the box In an important case
Hero are their names: John C Copsill, John
+. Muller. Edmund II Davey. Henry J. Cor
don, Samuel J. Limerick. William Z. Nelson.
John 5. Menagh, Michael Lahey. Charles
Gerdts Robert McAndrews. Nathan Ballard
and Charles Marsh.
REAL POINT AT ISSUE
or course. the one absorbing question in
everybodys mind at the opening OF the case
yesterday was whether the real question
involved In the controversy would be brought
out in the evidence This was not whether
or no Barker had committed savage assault
upon the Rev John Keller Every body
in his own mind was convinced Of that The
point was. whether the rules OF evidence
would permit the telling Of the story In open
court which Mrs Barker in her own homo
and when oil but distracted with shame and
physical prostratipn is alleged to have told
her husband the story, in a word. that was
the motive Of the crime
In the eyes of all those present in the court
as well as in the eyes Of the Arlington COM
munity there are two defendants iu the case.
and tho least OF these two is Tn omas q Bar
ker, the actual prisoner at the bar The
other defe nda Mt is the Rev John Keller
Would the evidence bearing upon his guilt
or innocence In connection with the charge
made against him by Mrs Bar ker be laid
before the Jury?
All day long as witness after witness took
The stand the audience listened to the layyers'
questions with keen attention TO see II from
them they could gather an inklng, in attack
or defence. Of anything that bore upon this
all-absOrbng point
But 1t was vain vigil When the last wit
ness left the stand and court ad iourned until
10 O'Clock this morning the spectators were
a. far AT sea "a when the case was opened
They were even more bewidered The ons
thing that everybody had been sure would
happen did not happen Marshall ". Van
Winkle the counsel for Barker. did not, "a,
all were certain IN advance that he would,
make merely u feint at COnfIting the fact
Of the assault itself ON the contrary with
all the devices and contentious known 10 the
mystery of legal fencing he fought apper-
emily with sheer desperation every scrit, ~
testimony that went 10 establish thai Mr.
Barker had shot down Mr Keller Not an
AdrnlSs on, nor a concession would be- make
The State had 20 prove everything and prove
II In the face OF flre OF objections that sought
out even tho tinIe,t point of yuluernbiTty
In the FORM IN which the question was put
Behind every tochnlcalIty, uo matter how
smnlI liz took hi- stand and fought dog
gelIy OF Wil driven from II by actual de-
cslon from the bench Witness after wit
ness testified 10 seeing Mr. Barker In the act
other witnesses testified TO seeing him and
identifyng him rnPnns away from the scene
of his crime still another witness testified
TO running after him catching lp with him
and bearing from his own lips the confession
only sor'D ha had not killed him These wit
nesse- h" attacked and harassed with a fire
of crosse questions, made strong appeals 10
the Court against the admission OF their syi-
deuce. tried 20 corksCrew from them admi.-
sion that they might not have seen what
they thought they V,w, dwelt with strange
insl-teuce upon the TACT that ons witness saw
dog running away from the scene at the
time OF "a" pistol trlng and TINT dog shoot
INK WH- not au uncommon thing IN the street.
ot devices known 10 the legal practitioner
who knows thfi hi- cas-" "a desperate What
WA the man trying 10 get az, That was the
question IN all the spectators faces as ho
went Ou and Ou in these tactics
The only one person In the court room who
showed 10 emotion during all the exciting
tram of crises thut this dpsperat to defence
Developed wa tho Rev John Keller himself
lie had come 10 the court house few minutes
before 10 o'clock IN company with Mr. ana
Mrs Sands with whom ho was boarding
IN Arlington at m" time OF the tragedy and
With whom h" ls stlll living They led him
car 10 tn" court room Here he was taken
IN hanl by Oh" of the prosecutor assistants
and guided e. IA" Couusals table, cropping
plufqhy about with white tremulous hands
down IN, l"anIng his head forward into dull.
listless posture from which 10 never once