The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-01-31

DEF ENSE MAKES
OUT ST RONCl CASE
Prominent Physician Relatives
and Friends Of Prisoner Declare
He Has Been Wrscked by
Alcollol--Casc May Go
to Jury This At
ternoon.

In the opinion OF many OF those in
the courtroom. prima facie case Of
insanity was established yesterday in
the defense OF Frank r. Burke, charged
with robbing the mails while supertn.
tendents or station B OF the Richmond
rost-offlcc. DIR. J. Allison Hodges, an
expert on nervous diseases, declared.
In answer to q hypothetical question.
that man in the condition described
By witnesses, referring to the prisoner,
was certainly not morally responsible
for his actions, and that. In all likeli-
hood. he was not mentally responsible.
AS to this latter important point. how.
lever, the physician would not be posi-.
tive.
AT the close OF the session the de-.
fense rested It's case. and to-day the
government will end eayor to establish,
t,he sanity OF the prisoner beyond a
treesonable doubt. It was reported that
pi. j. G. tDeJarnette. superintendent o!
the Western State Hospital at Staun.
ton. will be introduced as an expert
witness on insanity. but THIS could not
be verified. The case may reach the
jury this afternoon.
Judge Waddill remarked yesterday
that he had never before tried a case
in which SO much public interest was
manifested, or during which there was
larger crowd In constant attendance.
Yesterday afternoon the room was
cleared, and before no spectators save
members OF the family and rcpresen-
tatives OF the press. Mrs. Burke told a
pathetic story of the change in her
husband from the genial and kindly
icompanion OF former years to the NOR.
lid and errntic man. for whose acts
she constantly had to apologize. and
who. for six months prior to his arrest
had not supported his wife and GILL
oreil. Further cumulative evidence
showed inordinate drinking. night and
dag. by Burke, who llabitually visited
fcur saloons before breakfast and has
pint bottle OF whiskey under his
pillow, which was emptied each night
rhat his character had been OF the
best prior to his present trouble was
apundantly shown by number os
scAsIon or Court.
The defense opened with the testi.
mony OF Sheriff John e. Epps, who
stated that he believed Burke to he
ue ran ged. An exception was noted "a
rullns OF the court In regard to the
opinion Of non-eSpert. witness as Ia
the sanity or insanity Of The defen.
CANT. Gsnt. The court held that non.eS.
port witness must hrst tell what 4 liz
had noticed that was abnormal and
then say what his opinion was. rhe
jury may then agree or disagree wit1
| INC opinion OF non-expert witness
Continuing. Mr.. Epps said the prisone,
mad lately tnsu!ted his best friends
without cause. Burke stated to the
witness two weeks before the arrest
that 1t man stole % cents from the
government twice he was bound to be
caught. ME-
IS Police Sergeant Jeter had noticed
the change In Burke's character ant
had frequently seen him under thu
Influence OF liquor. Questioned b,
Judge Lewis. he said the defendan
had always attended to business, nnt
/ the witness had heard no complaint.
OF fsmismanagement OF his office.
Mr. L. a. .stun1pf attributed. tn,
change in Burke's character to sick
ness. Burke was once laid up for
month or two with Kidney trouble
4 Previously ]ovinl and agreeable. h,
4 had lately been disagreeablc and un
/ pleasant.
Air. Morgan r. Mills said he ha,
! known Burke fifteen years. He though
the prisoner lately controlled by some
thing that had changed his disposi
j tionfand made him cross to his bes