The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-01-30
.BURKE'S D0NNfALL
CAUSED BIZ Drink. |. ! !.
Spent Large Sums in sa
looms; Was There w hen
Bartenders Arrived.
ONCE NAME D HIS
PALLB:EARER |:
Effort OF Defense Was to Show
That He Was Mental Wreck
from Alcoholism - Once
Jovial and Pleasant,
Now Morbid and
Morosc.
ONCE NAMED HIS
l. 1,tAr r1nt> h9r1 r,r1
Effort OF Defense Was to Show
That He Was a Mental Wreck

Inordinate use of strong drink to
the point OF breaking down his moral
resistance, was the line OF defense
taken by the attorneys for Frank r.
Burke yesterday, paving the way for
the appearance of physicians to-day
to testify as to his present mental
condition. An ultimate case OF insanity
established by prima facia evidence of
the defense shifts to the government
the burden OF proving Burke zane be-
yond reasonable doubt Mt the time
of the alleged theft OF a letter and
money from the United States maiis
at Station B. Post.Office. Meanwhile,
Burke, haggard. grey-bearded and old.
bearing every mark OF breakdown.
mental and physical, sat quietly. sur.
rounded by the members OF his fan1-s
lily. The women OF his household we're
repeatedly moved to tears as the cvi-
uence showed the change from the
genial. jovial. friendly man OF former
years to the morose. Whiskey- soaked
Individual painted by the witnesses
FOR the defense.
No stronger argument for the cause
OF temperance could be advanced than
the testimony OF. witness after witness
, that the habitual use of whiskey had
undermined the moral and mental con-.
dition and physical health OF the de-
fendant. During tho day fourteen Wit
~
the same general trend. The defense
has made no effort to'deny the charges
alleged by the government. or the THEFT
OF the letter and money. That Burk
drank heavily, that his characte rist.cs
have changed in the past year. and
that his character and standing were
formerly excellent, Were the points
| in suggestion OF intended suicide, and
| in the preparation for his funeral. the
selection OF bali-bearers, and In other
arrange rnents. To-day Dr. j. Allison
| Hodges Will be called to testify as to
| his examination of sBnrke's mental CON.
| sditiou, md to answer q hypothetical
question as to the mental and moral
responsibility for his acts, OF man ~.
| In such a condition. The government t
! in rebuttal Will endcavor to establish
| his sanity By proving an ability 70
attend to the affairs of his office when
| not under the Influence OF liquor.
Tilts between Lawyers.
\ The opening day Of the defense was
/ marked by several tilts between oppos-
ling counsel. Judge Waddill at one time
.Eskarply rebuk!ng counsel for the de-
4 fense. and declaring that the United
States court was no place for such
legal methods of procedure.
Court opened with the testimony OF
4 DraFFrankn NJ EF2eadc, as to the Bco1dt-
4 t,on OF the witness, Charles A. Alley.
Ebarkeeper at the Park Hotel. formerly
Aliens Hotel. Notwithstanding g the top-
position of the defense. on the testi-
nlony OF DR.. Reade. that attendance
on the court would not endnnger the
/ life of the witness. Judge Waddill orr
4 dered that he be summoned. and a
Ecarriage was sent for Mr.. Alley. whu
\ has been in bed with infla n1matory
I rheumntism.
i The. defense called Preston w. Jones
night clerk at the Park Hotel. He
testified that he had known Burke
since Aliens Hotel moved to Ninth
and Broad Streets in May, 1907; that
\ it was Burke's custom ito como to the
bar Of the hotel each morning. usually
J, arriving before the barkeepar: that
q he took one, two or three drinks, and
Y: usually bought half pint flask OF
Savage whiskey each morning Burke
]: always had a market basket with him
!. and rarely missed a morning.
q Took Two Drinks Day He Was CnuEht
! Jones said that on the morning OF his
arrest Burke took two drinks-one