The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-01-30
.BURKE's DOWNFALL
CAUSED. BY Drink
tcontlt.ueds troni First i,age.l

llnLter with the Witness uud b0uBht IL
Ihalt-pirlt of whiskey, which he took
viii, him. His mental condition, said
L the witness, was variable--sometime
Joking and lnughlng, and sometimes
glnin and serious. Witness had re-
parked To the barkeeper on this
lchunge.
On DISCRIMINATION, Jones testi.
| fed That In his experience az a hotel
clerk he hud seen many drunken men,
and knew The difference between ordi-
nary intoxicatlon and the peculiar con-
duct exhibited by the defendant.
Tho district attorney objected to tho
testimony of Young hotel clerk as an
expert on drunkenness.
Mr.. Jones said that rarely q day
Ipnssed without his seeing some one
about tho hotel. under the influence OF
Iliquor. u
Mr.. Fl. M. Smith said the defense had
not stated TINT insanity was the pluu.
He said that ny the testimony OF this
witness lie wished TO. negative tlle4ldea
that whiskey was the cause OF the
peculiar change OF conduct noticed by
| the witness. II -. 3'.
Judge Lewis argued that unless II
could be proved that at The time. OF
the alleged offense, the defendant was
mentally or morally Irresponsible, then
the testimony Of Mr.. Jones WAS irrele-
want, holding that unless his habits OF
hard drinking had overthroWn his ren
SON drunkenness could not be pleaded
as an excuse for crime. Judge Lewis
cited several opinions In support Of
this position.
Mr.. Smith admitted that 1t was tho
purpose OF the defense TO show BY ex..
peri testimony that owing to hard
drinking, the defendants reason haa
ueen overthrowIl l
On further examination Mr.. Jones
| said he had noticed pecullnrities in
Burke's conduct; that sometimes he
would speak pleasantly and somc-
zines not respond, When spoken to.
something's he was laxative and lok-
ing, and at others morose. Besides his
.egular morning drinks witness had
ssen him there during the day. bnl
could not say how often this occurred
.he court ruled that the witness was
f.ioi prepared.5to give testimony as t.
The mental condition OF the prisoner.
Mr.. Jones testified that 1t was sc
/ Unusual for Mr.. Burke TO miss q morn.
ng drink that IL was a matter OF com.
! .nent among the barkeepers and por.
/ .ers. OH this morning OF the arrest
I .5arkeeper Skinner was In charge. He
lad joked with Mr.. Burke In pleas
ant way that morning, and taken u
drink with him.
4 Didn't Think Burke Crnzy.
!. a stiff .cross-eHaminntioh Followed
n which the Whole matter was gone
yer again and again. MI. Jones statet
that 1t had never occurred to him
that Burke was crazy, nor had he ever
suggested that he ought not to be in
a responsible positions. He mad seen
aurke after he had been drinking in
| q condition when the witness Wou!I
not have trusted him With any busl-
ness. isstI
z. NJ. Epes. when called, said he! had
seen Burke on the morning OF his
arrest, and had taken drink with
him about 7 ~. Mat Lawrence's Hotel
barr He did not notice any popularity
that morning, but on the day before
Burke met him on the street and did
not speak to him.
Witness Charles Alley. who had been
sent for earlier. arrived With his ply
| stefan. and was sworn. Mr.. Alley said
he had been a locomotive engineer and
lately a bar-keeper at the Allen Hotel.
fHe sirads known Burke twenty years.
saw him every day when he came IN
for n drink shortly after s O'clock.
Defendant took big drink Of whls-
key. mixed In q Lemonade glass. equal
10 two drinks, He always took one,
and sometimes two glasses. lie usually
bought half-pint OF whtskey also. He
often brought back empty TASKS OF u
kind not sold By the witness.
Witness said Burke looked to him
like a man who was losing his mind
as though dope or booze had got the
best of him. He was in kind oil
would still be lively.
Witness said he had remarked to
the night clerk that Burke did not look
like n man OF sound mind.
District Attorney Lewis. on cross
examination. asked the witness whether
he had not changed his testimony since
the night before. when his deposition
was taken. He claimed that he had
not.
did you say last night that Burke
looked to you like a man who was
losing his mind?'' ass
Answer-'I think did,. g
IIere short 'colfoauy ehsued between
the, lawyers, resulting In an announce
ment from Judge Waddlll that he
would run the court. "Stop this talk
Ing back and forth, gentlemen. Tt, is
our custom to preserve order in this
court, and we will make: no exception
now"
The witness showed considerable lack
of memory as to what he had testified
in the deposition of the day pretlous.;
On cross-cSamination sSllcys said he.
did not think he had said Burke was.
crazy. He had sometimes credited him
for drinks, and he had always .rer1emI-5
beredt and paid; ne had never seen.
in the defendant my. peculiapities that
suggested that he ought to be. re-
strained In his liberty ror locked up In
i lunatic asylun,s; He, said he re garded
Purke as what wa called a "run,ny-
dunn. and did notssthinls he,:was alto1
gether responsibl e....s " -
| Questioni'by the court-"Did it occur
! to you. that Mr. Burkes condition was
st.ch. that you should not have sold
him LIQUOR ilabitually?" *. I. i'.,5
Ans wel'--"I don't think. ono or two
drinks hurt ANYBODY. 4 thought a
drink. or two would helpsa man In his
conditions
Witness said. that when a man was
''rumnlS dun" he almost required n
drink in%the morning. to "set him up.,'
Epes No Mental Witness.
AIR. spes was recalled. THE scour,
ruled that a nom professional witness
could not testify as. to his opinion OF
the mentaIeffeets OF heavy drinking,
upons which an exception was noted hy
the defense. Ne 4 "A
Mr., Epes said that from his knn,yt,
edge OF Burke IN the past SIX month";