The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-01
Of Hospi-
tai Expresses Opinion
Contrary to Dr.H Hodges.
POSTMASTER AND
OTHERS ON STAND
Fine Point Raised by Counsel fol
Defense to Be Passed Upon
by Judge Waddill This
Morning-Case Will
Go to Jury
To-day.

JlaI slI1c lsLLeT- Idhtll Wy TIuUht
Burke, on trial in the United States
District Court for alleged robbery OF
the mails, was not intended to be con.
ycyed by mail. and therefore that the
offcnse was not such as would prop
erly come under the Federal statute.
was the plea made by Attorney G. A.
Hanson. for the defense. yesterday hf-
ternoon. He asked the court to dis
miss the jury and discharge the pris-
oner. Judge Waddill heard argument
and reserved decision. Meanwhile coun-
sci have prepared the Instructions, and
II the motion IL overruled. as appears
likely. the argument OF the opposing
attorneys will begin with the opening
OF court this morning.
Says He Was snne.
In the rebuttal testimony introduced
yesterday, Dr. J. s. DeJarnette, Super
intendent OF the Western State Hos
pital. at Staunton, testified that man
such as described in the Hypothetical
question submitted was sane and re-
sponsible. Postmaster Royal T. Cabcll
described Burke's unusual intelligence,
his wide knowledge Of local affairs,
his remarkable memory for names and
addresses all OF which had made him
a most valuable man in the postal SER
vice. Reference was made to the cir
cumstances of his arrest. his shortage
liz accounts. and his conduct at the
time. but Judge Waddill ruled out a
line OF questioning which attempted to
show that Burke was transferred to
Station B for the purpose of keeping a
closer watch on his conduct than was
possible in the large post-ofnce
An effort to impeach the testimony
n Mr. Cn{11 mi nf -xJjtOac ces
for the defense, was unsuccessful. II
being shown that at the time Mr.. Spill
man recommended Burke to Mr.. Cabell
he was not aware of the inordinate
drinking habits which developed about
that time.
What Time-ClociS Said.
The t.me-ciock at Station 3 recorded
Burke.a uniform arrival at that Office
between and $3.50 "A. NJ, and seem
Iinsly contradicts the testimony OF va
rious barkeepers. who declared on the
preceding day that he habitually yis-
tied their places between 6 and S
o'clock In the morning.
During the day Mrs. Burke frequent
lly suggested questions to the attor-
Ineys for the defense. and as various
points came up In the testimony the
lawyers consulted with the prisoner
himself. Both OF Burke's daughters
were In court, accompanied by sew
eral other ladies'
In the testimony -in-chlef the prose-
cutton introduced four witnesses: the
defense. thirty-four. densely packed
crowd being in the courtroom through
out the four days of the hearing. The
case Will go to the jury some time to.
day. should the court reject Mr.. Han
sons motion to dismiss the indictment.
!If overruled. this motion will consti-
tute practically the only legal ground
United States Circuit Court of Appeals.
Testimony Yesterday.
In rebuttal, Post-Once Inspector
RarKley was recalled yesterday, ana
testlned that in his business relations
with the defendant he had always
found him sane and Intelligent
He answered satisfactorily any ques-
tions of the inspector about the postal
service in Richmond. The witness de-
tailed the circumstances of Burke's
arrest. and said he thought him entire
ly normal on that occasion.
Mr.. Talley objecte to the use of the
word detective" In speaking to Mr..
Barkley. The court ruled that the
duties OF post-oftice inspector are
lwell known, and that the detection of
crime in the post-oftice is a mere Incl
dental part Of his work.
The clerk Of the court. Mr.. Joseph
Erady. who is also the United States
commissioners for this district, was
sworn He stated that Burke had very
1 little to say when brought before him
on the morning Of his arrest. IT Of
fered to send for lawyers or to wait
for them. but defendant waived ev-
animation" he declared.
Former Assistant Postmaster John
II. Grubbs. who was with Burke in the
rost- office for eight years, said his
duties called him into close relations
with Burke up to July, 1906, when he
left the postal service. Colonel Grubbs
had always considered the prisoner intel.
] lllsent and remarkably efficient. The
WITNESS had not observed any gpecu,
| liarity In Burke which caused him tc
|Goubt his sanity.
Former Postmaster Wruy 4. knight
|who was in charge OF tho Richmond
Office from April 1888, to May, 1905
Isuid that during this period Burke was
superintendent Of city delivery under
him, He saw the prisoner daily. ant
considered his position one Of the mos
Irresponsible and trying in the office
The former postmaster had not noticed
4 hly kCSui4eLl lllc and
4 indeed, regarded him as fully sane ant
qualified for the position he occupied
4 When he had consulted Burke conf
i lentially he. found him both rationa
land level headed The witness though
Burke grew weaker physically betor,
\ lhis arrest. and was aware that a
|chrnnic d sease annoyed him a. grea
\ deal. He also knew that Burke drank
Y lbut never saw him drunk. sS 5
POatmasteron stund.
Postmaster cnbell, who succeed Cd
ii Alr. Knight on May 1 !. 4 ao6. told of hi
business relations with the defendant
il Mr.. Cabell declared that Burke con
4 l|tinuedi as supertnt tendent OF city de
.|llYery from May, a06 to April Il, 8s1s so7
and had cllargs Of \ the city mail an, am
Icarriers, iS S:,s ssg gsgS II Ss
4 During this peri Cd sSA r. Cabell wa
NI