The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-01-29
Evident From Action Of.
Attorneys That This Will
Be Plea Of Defense.
PROSE CUTION HAS
RESTED ITS CASE
Post-Officc Inspectors Relate
Story Of Decoy Letter Later
Found on Person OF Super
irtendent-First Wit
nesses for Defense
To-day.

Extreme alcoholism. resulting in |
mental and physical collapse. is the |
line OF defense laid down at the open
ing OF the trial OF Frank r. Burke, in |
the United states District Court yes
terday on charge OF robbing the
mails while employed as supertntend-
rnt OF Station b OF the Richmond post
Office, a risdcmeanor. punishable by |
contIn ement not less than one year nor |
more than five years In the government
prison III Atlanta.
Technically. the prisoner pleads not
guilty. hut from the examination OF
the damaging evidence introduced by
the government YESTERDAY. the later
plea OF alcoholism as the basis OF de-
fsnse was clearly indicated. With re-
bic promptness tho court go.
down to work. and before the after
noon session closed the prosecution
had rested It's case. Adjournment was
then ordered TO allow the attorneys to
take the deposition of Thomas Alley.
: witness for the defense. said to be
too Ill to come into court. The de-
tensc will open its case this morning ut
10 o'clock. The side OF the prisoner Is
yet to be heard. but the evidence sub
Mitted by the prosecution will be GIf-
feult to meet The government proved
by the testimony of postal inspectors
that a test or decoy letter was mailed
at Station 3 at time when Burke
was alone In the Office. An hour later
he was found by the inspectors with
the envelope and the letter on his per-
son. In his pocket was marked 81
bill and silver coin. and In the l,arbor
shop where he had Just been shaved
was another of the marked bills. On
nv SnI
The cross-examinatiop of the govern
merits witnesses did not shake their
cEtmony in any material respect
The appearance OF the prisoner Mt
the opening OF the trial was pathetic
In the extreme. Haggard and aged by
months of worry and anxiety. and COM
tinualiy tortured through the day by
the cumulative evidence against him.
nnd even more humilia ted by the ef-
forts nf his own attorneys to prove
his addiction to alcohol TO an extreme
point. his attention was centred con-
tinnally on his family. who surrounded
him. and who shared the enharrass-
lnent OF the situation. Mrs. Burke ard
her two daughters. with several friends.
sat with the accused man. and a young
son, now page In the State Legisla-
ture. was present through the day.
Mfr. Archer Burke. brother Of the pris.
oner. assisted his attorneys. Messrs.
II. NJ. Smith. John Lamb and G.. a.
Hanson
Session of Court.
Shortly after II O'Clock Judge Ed
rnund NVaddtll opened court. Clerk
Grady at once calling the case OF the
Commonwealth against Frank p.
Burke. Through District Attorney L.
L. Lewis. the prosecution expressed It's
readiness to go on with the hearing.
Mr.. n. NJ. Smith. of counsel for the
defense. stated that Thomas Alley. a
material witness, is III with inflamma-
tory rheumatism, and asked a further
continuance of the case. The motion
WAS vigorously opposed by Judge
Lewis. Mr.. Smith offered to accept
the testimony of a commission ap-
pointed by the court to examine Alley.
and to allow his ton in
his presence by the district attorney.
Judge Lewis argued that rs there ure
thirty or moro witnesses there would
proba bly, never be time when some some
one would not be absent. He declared
that the policy OF the defense would
result in prevent ting the case from ever
coming to trial.
II Judge Waddill overruled the motion
OF the defense. as the case had been
set for trial on December I'd and coi,-
Nnued at the request OF the accused.
The defense asked leave to file an
affidavit. outlining what 1t Is propose
to prove by the absent witness, an.i
the affidavit was read. setting forth
that Alleywas the former bariSeeper at
2 the Allen Hotel: that he was now suf-
feripg from tnflamma tory rheumatism
and that his physician. DR.. Frank NJ
Reade. has advised that 1t will be dan
gerous for him to come out. The
affidavit further stated that during the
first ten months OF 1907, Alley was
barkeeper Of Aliens Hotel, now the
Park Hotel; that he reached his place
OF work about gao a.. M. daily, and
frequently found Burke waiting to 7ge,
In: that Burke after buying number
OF drinks was accustomed to purchase
hottie OF a certain brand OF whiskay
and that gain at noon he purchased
whiskey in nIconsiderable Quantities. re.
turning empty bottles,
The statement of Mr. Lamb that this
testimony of Alleys is material, and. III
fact, essential to the defense. and that
without it the defense could not pro
4 ceed. was taken as a clear indication
of the limo to be pursued by the de.
Tense in making out its case.
Jury Secured,
TIE work of securing q Jury hegar
and NIr Lamb moved to auash the
venlre, as one member had died ant
< three had been excused by. the court
Judge Lewis objected declaring tina
the death OF Mr. Cannon, one OF tht
venire. was a ma tier beyond the pro
vince Nof the court. The call OF tn,
venire continued,
OF the names called. Fl, D. Gato
satd i1e. had expressed sympathy 10
the accused and his family. Stephel
Ellison sadSh had known Burke 70
many years--1n fact. since boyhood
both were excused. Colonel ( y
W. Archer had expressed an opinion
and was also excused. r. B. Crplle
q Of Tarmyllle. said he had heard tina
the defense was to be insanity an
that he had no faith In aNygsuch3 3pleu
4 lie was allowed to go. II
A panel OF eighteen was finally SO
cured, Il each side then challenglnl
three jurors. Among those excuse
by luint consent from Jury service
Icontlnued on Fifth Page.).