The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-19
BARKER AGAIN TBSTIFIBS
The Trial Of Rev. John KeIIeF's
Assailanf Resumed.
Evidence or the Defendants Motive
Once More Ruled Ont by the Court.
Insanity To Re Advanced ns Il Plea
by Counsel for the Prisoner

once More Rutcd Ont by the Court
Insanity to Re Advanced rs Il Plea
by Counsel for the Prisoner.
Thomas C. Barker fer shooting down
Rev John Keller, in Arlington. y. j, on
February last, was resumed in the
Hudson County Court, at Jersey City, this
morning.
The attorneys for Barker are now seek
ing to secure his acquittaI on the ground
of insanity
It is not emotional insanity which the
lawyers viii seek TO show affected Bark
Ct, but new species. It is described by
Marshall Van Winkle Barker's leading
attorney. as an a~tuaI physical change, in
which the acids of the body play upon the
tissues OF the brain, destroying the moral
sense in the subject and rendering him
incapable Of distinguishing between right
and wrong.
This condition was brought about in
Barker, the defence viii claim, by the
story told him by his wife Of her alleged
treatment by the Episcopal clergyman.
They viii put expert witnesses on the
stand and endeavor to show By them that
the defendant, while in the peculiar men
tai condition described, and which was
wrought by his wife's narrative, sought
to kill the clergyman, and that he is not
morally nor legally responsible for the act
At the same time, the contention of jus
tlifiahle assault will not be abandoned
The lawyers for the defence Will set forth
as an unwritten law, the claim that q
man has right to assault and even to
slay another whom he believes to have
destroyed the sanctity of his home
But, in their efforts to get the story of
the alleged assault before the Jury and
form basis for the plea OF insanity and
Of justifia bic assault Barker-s lawyers
have encountered obstacles for which
they were seemingly unprepared and
which have utterly blocked their plans
so far
In no way, despite rare persistency,
were they permitted by Judge Blair yes
terday to connect the assault with any
statement which may have been made by
Mrs Barker, or with the relations Of the
clergyman and the wife of his assaiIant.
Barker on the stand was not permitted
to repeat or even refer to the story.
Mr.. Van EVinkie said this morning that
he still believed that Mrs Barher's story
was legal evidence, because it had driven
Barker insane and that he had framed
lot Of new questions over night and that
he would put Barker and his wife on the
stand in the hope that they would be al
lowed TO answer them The prosecutor.
Mr.. Erwin, said that the story would not
come out unless the judge reversed him
self and that there was no justification in
law for attempted assassination.
When the court convened at 1910 O'Clock
counsel for the defence began to make
some objections to the record Judge
Blair said; There IS no use wasting
1S 1-
conclude this case today Il possible
Mr.. Barker was then recalled TO the
stand. He said that on the morning of
the shooting he went out TO buy a paper
and met Keller = remember that Keller
spoke to me. He said Good morning, Mr.. 1
Barker said .Ezsa-- siiiaiH, yeu as
sauIted my wife. a1a then I must have
shot him
The court ruled not to allow further
testimony on this point Barker then told
what happened after the shooting He
said he jumped on a ear and went to the
town hall at Kearny. where he surren-
dered himself The witness then began to
tel what a sIeepless night he had spent
before the shooting and to diIate on his
nervous and excited condition He was
promptly stopped by the prosecutor,
whose objection was sustained.
Why did you shoot the man?" he was
asked
on account of a story told me by my
wife
what was the story?' Question not al
lowed
I had been IN terrible state of mind
I could not sleep the night before tried
to eat but could not I was terribly
wrought up over my wife's story On
objection by Mr. Erwin, Judge Blair said
he would not allow any further reference
to the story
Explain your conduct or condition of
mind on the day Of the shooting said
the prisoners counsel The court limited
the explanation to conduct only. 4 can
remember that I was IN a dazed condi-
ton. I could not remember much said
Barker.
Did You hear, read. or see anything
within fifteen or twenty days before the
shooting that explains your conduct OF
your power to discriminate between right
and wrong?''
I read something in the paper-the pub
lie press-abOut the middle of January"
Barker was stopped here and then Mr.
Van Wrinkle said that it was meant to
prove that Barker read that Chairman
Baldwin, Of the Committee OF Fifteen,
said at a club dinner that ne would kill
any man who injured dear one of his
and that this influenced Barker's mind
The offer of testimony was overruled-
How do you justify your conduct?''
the defendant was asked
Because ] believe that Keller had as
Sauited my wife
The question and answer were ordered