The times., 1901-06-20
An Interesting Law Point.

An Interesting Law Point.
charged with assault with intent to
murder Rev. John Keller in Arlington,
New Jersey, has from the first at
tracted considerable attention. In the
trial of the cause yesterday at Jersey
City, il took a rather sensational turn,
which bids fair to give it permanent
place among the celebrated criminal
cases Of the age.
At the opening Of the defence it at
once appeared that the defendant was
relying wholly or chiefly upon story
which his wife had told him of an as
sault made upon her by Keller, or some
intimacy between herself and him. EX
actly what the story would have been
if told does not appear, for it was en-
| tirely excluded by the court. 1t was not
claimed by the defendants counsel that
the evidence was admissible by way of
! justification. 1t was offered merely TO
show that it had such an effect upon
his mind as to make him Irresponsible
in short. that it mentally unbalanced
him. The court refused to admit it
upon either ground.
Whatever may be the popular feeling
with respect to the right of a man to
kin one who assaults or dishonors his
wife, the rule seems to be well estab-
lished that such testimony is not ad-
missible in justification unless the kill
ing take place in a frenzy of passion in
dueed by discovery of the wrong, and
before there has been a reasonable time
for the passion to subside. After the
lapse Of a time sufficient for reason TO
resume its sway, if the party wronged
kills the one who has wronged him, it
is regarded as having been done in a
spirit of revenge, and that consequently
it is murder. This is the cold law. and
it seems TO have been recognized by
Barker's attorneys.
Where the defendant has no personal
knowledge OF what has taken place. and
relies upon the statements of others, to
admit such statements in justification
would be to establish a very dangerous
rule, for the statements might not be
true. Especially would this be so when
the alleged statement is made by the
wife herself: for there unquestionably
are cases, perhaps many, in which a
wife would deliberately make false
charge in order TO save the life of her
husband.
But the evidence was not offered in
justification, and this presents a some
what different question. If the defend
ants mind was unhinged at the time of
the shooting to such ar extent that he
was irresponsible. il certainly is COM
petent for the defence 10 show that fact.
But in this case no evidence showing or
tending 10 show that Barker was in
sane had been introduced The defence
was merely Offering evidence of a fact
which might or might not unbalance
mans mind Therefore it seems that
the testimony was offered prematureIy
before the proper foundation had been
laid
The later news is that the defence has
now planted itself solidly behind the
plea Of insanity. In support of this plea
it viii be necessary 20 show that the de-
fendant is insane, or was at the time he
made the assault If this is shown it
will be a good defence without the evil
dence Of what the wife told her hus-
band, and that statement would be un-
necessary. If insanity is not shown, as
a fact, then the statement may again
be excluded upon the ground that il had
not made the defendant irresponsible.
and for that reason was immateriai. In
short, if defendant is not insane, evi-
dence Of some act that might have
crazed him but did not is not admiss-
ible
II, however, the evidence on the point
OF actual insanity should leave the mat
ter somewhat in doubt, then it is pos
sible that narrowing tale told by the
wife might be admissible as bearing
upon the question whether mis- mind
was OF was not affected.
But Barkers attorneys have been
making persistent efforts TO get the tes-
timony before the jury. The nature Of
the story told By the wife has been so
far foreshadowed that every juryman
must have 2 tolerably clear idea of its
nature; ard it is in the highest degree
probable that the moral effect has been
lodged in the minds of those who are
sworn 10 try the case. Whether this
viii influence their verdict cannot be
stated. That viii depend upon what
kind of jury il is. Usually the tale Of
a wronged husband carries weight in
such cases.