Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-06-22
BARKER GUILTY
Of assault With Intent to Kill
Rev. John Keller.
Takes the Jury lust "A Minutes to
Decide on Verdict.
Keller Issues Statement Denying Alleged
Assault on Mrs. Barker.

afternoon, took one ballot and return
cd with verdict OF guilty. In the
charge of the judge the jurors were
told they must set aside all else and
decide only whether Barker with in
tent to kill fired at Keller.
Barker tonight. found himself once
more an inmate of the county Jail He
must remain there until $4,000 bail Is
furnished. His old bail was $4,000. Be
fore him stands possible seven years
Imprisonment and a possible fine of
$1,000. Had his crime been committed
a few days later than il was he would
have been liable to 10 years imprison-
mcnt and q much larger fine, for the
last Legislature made the crime Of
which Barker was convicted still
more serious one.
Mrs. Barker was not in the court
room to hear the verdict. She was in
another part of the court house. When
she was told that the case had gone
against her husband, Mrs Barker
showed considerable emotion and was
cared for by friends. However, she
did not collapse as was feared. Mr..
Keller was also absent and showed no
emotion when told of the verdict.
Barker himself took the decree of the
jury without falterinS. He had expect
Cd an acquittal. although his friends
had told him that q disagreement was
the best he might expect. He based his
hope upon the strong plea of his coun
sci who advanced the "unwritten law"
that a man has right to kill in de-
tense or in revenge where his wife's
sinctity is assailcd.
Whatever effect this line Of pleading
may have had upon the jury was swept
away by the cold charge of the judge.
The court charged the jury that the
story of the alleged outrage or the
outrage itself if true, was no justitica-
ton of the defendants assault"
The court explained he had admitted
tse fact that Barker had been told of
an assault not because that had any
thing to do with the case but because
1t was for the jury to determine if the
telling of the story had anything to do
with making the defendant criminally
irresponsible. If they believed the de-
PENDANT was sane at the time of the
shooting. they must convict.
In his closing Prosecutor Erwin him
self referred to the alleged assault.
He asked the jurors if the woman's
course was the natural one. She had
kept her alleged secret for is months.
Even after that long time. her husband
first heard the story, not from her but
from man. He Chara ctei lied the story
as improba bic, saying Mrs. Barker. if
the story were true. would in the nat
ural course have told her husband of it
at once, and failing to do that would
have made a confident of woman.
The jury took but one ballot. but ii
was divided into two parts. The first
was unanimous for guilty. Then ballots
were cast as to the degree and again
1t was unit for the highest degree
charged
Rev. Mr.. Keller. as soon as the trial
was completed. issued a brief state
ment in which he absolutely denied the
truth of the allegations that have been
made and published by Mrs. Barker.
Barker will probably be sentenced on
Thursday next. and then his counsel
will file the papers in an appeal.
In an interview, tonight, Barker said:
II did not expect such verdict. 1T
seemed to me there was reasonable
doubt. l believe that no II men would
convict me after hearing my wife's
story. | believe that the supreme court
will give me new trial and that my
wif.'s story will be told"
At the opening of the court Mr. Van
Wrinkle began summing up for the dc
Tense in the Barker trial. He said he
deeply felt his own responsibility and
I hn Sib nf Ia 70 ar
Wall. He felt he spoke for the people
of New Jersey and regretted that his
time had been limited so that he could
not review the case more fully. AS it
was. he was compelled to cOnfine him
self to a general outline OF the evil
dence.
Mr.. Van Wrinkle said he had tried
time and time again without success.
to get before the jury what he and the
public wanted to know. namely. why
did Barker shoot Keller, but. said he.
you have right to draw conclusions
and to picture in your minds the dark
est outrage possible" Continuing. Mr.
Van Wrinkle said: IF Barker thought
the shooting the just thing to do. you
may legally acquit him. If the story of
tifiable, or if Barker believed the story
told by his wife and acted on that be-
lief and was acting in a delirium, even
if the story was not true, he should
be acquitted
BARKER heard the story and acted on
it. Asc the story has not been admitted
you cannot say he was justified. He
says he was justified and that any man
would do the same under like circum-
stances. You must stand on the facts
as they are presented.
A man who commits an assault with
intent to kill commits n high crime
bat he who commits Il rape commits
4 higher one. with a penalty twice as
revere. The church has not been as
sailed: the church stands for the truth
and not for the suppression of the
truth. The church is not made up Of
ministers alone; il is made UP Of con-
Ministers may do just what
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