The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1908-11-21
Z
No, EVIDENCE
IN bARKAR
DEFENSE
His Attorneys Depend on
Pleas Made This
Afternoon.

Or a lie sentence In prison Tor
murder, today wept while the as
sistant counsel for the prosecution,
J. Stanley Webster, arraigned him
in scathing terms that cut like a
whip lash.
Toward the close of the morning
session, when Mr.. Webster alluded
to Barkar's discovery, through the
medium of an account of the trag-
edy in The Press of July ~ last,
that his connection with the killing
of Ira Messenger at Medical Lake
was suspected. Barkar, with his
face in his hands and head bowed
almost to his knees, kept bitter
tears.
After the adjournment of court,
the unfortunate young man was
consoled by one of his lawyers,
who urged him to bear up and be
brave. Barkar wiped his eyes with
a handkerchief and followed the
sheriff's deputy to the cell in the
county jail which has been his
home for nearly four months
(. The termination of the taking of
testimony ended in rather abrupt
and unusual manner today. The
state closed its case at yesterday
afternoons session. and it remain
ed for the defense to lead off in
the proceedings this morning. 1t
was after 10-o'clocls when the case
was called in the presence of an
other large crowd in the courtroom.
Attorney A. H. Gregg. leading
counsel for Barkar, asked the court
to be excused from making an
opening statement, as the defense
had but few questions to ask and
could not tell what line of defense
would be followed until these ques-
tons We're answered.
The state objected to this and a
parliamentary wrangle ensued. in
which the state cited the law to
show that the defense was required
to make an opening statement.
Judge Hinkle held with the state
and ordered Mr.. Gregg to outline
what theory of defense the counsel
for Barkar would follow.
Mr. Gregg then arose and said:
Eve have no theory of defense. Z"
Detective Alex. Mcdonald was
then again called to the stand by
the defense and asked as to certain
questions said to have been pro-
pounded by Fred G, Pugh, deputy
prosecuting attorney, to Frank Bar
kar In securing his confession. The
portent of this Interrogation to the
detective, who was present when
all the confessions were given, was
to 81 ow that undue means had been
used by the state to secure the adj
mission. of the crime by Barkar.
Mcdonald thought the questions
put to Barkar by Mr. Pugh were
not like the questions set out by
the defense In their Interrogation,
and he could not remember what
athHNtA ipoi llttu tiduc w tltIIl.
Only few questions were pro
pounded to Mcdonald, and the an
swers being unsatisfactory, he was
excused.
The defense had no further wit
nesses, and the case passed to the
argument. The attorneys for Bar
kar have been at seat for evidence
In behalf of their client from the
BEGINNING and 1t has been q very
hard cas- to combat. They had
F. hoped to be able to make an inroad
into the testimony of the states
Witnesses as to how the confession
OF Barkar was secured, but In this
they found very difficult task. 1t
was thought useless to put Barkar
on the stand, as it was felt In view
OF his previous admissions. that his
appearance on the witness stand
would only complicate matters.
j. Stanley Webster made the
opening argument for the state and
spoke for nearly an hour before the
noon adjournment. The courtroom
was jammed during his plea, which
was considered most effective
one for the state. Mr. Webster re-
sumed his argument at the recon-
vening of court this afternoon and
talked for nearly an hour.
Attorneys Gregg, IIeily and Stan
ford, for. the defense, expected to
make pleas this afternoon, and
Fred G. Pugh will close the argu-
ment for the state, The case will
so to the jury before the adjourn
ment Of court this evening,
II the extreme penalty Is i'm.
posed in this case, 1t will not be
the first time in Spokane county,
ms nearly half dozen murderers
have been sentenced to death In
the courts here.
An important witness as to
Frank Barkar's past history was