The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1908-06-13

on. The attorney argued to the jury
that a man brought up as Barnes was
"by a father who was strange mix
this. Against the evidence of the de-
fense by Mrs. Black, that his father
had been insane at times and was sub
ject to fits. that Barnes was subject
to spells of laughing when there was
nothing 70 laugh at, he said the prose-
cution had brought up only the evi-
dence of peor.e who did not know.
Barnes father. he said, showed in
sanity. was a brute and devil. and
had brought forth fruit after his kind.
Barnes is insane, he said, and he did
not see how the jury could find other
wise. Az II o'clock he gave way to
Attorney Gafrecht, who followed
An Emotional Pea.
In a sensational oratorical plea,
Attorney Frank Garrecht asked for
verdict of insanity.
Thou shalt not kill was the open
ing sentence of the speaker. "'Who-
soever sheddeth mans blood, by man
shall his blood be she'd" followed
quickly after And then, This ap-
plies equally to court and jury as
we'll as to the defendant If the pris-
oner had no mind to plan this mur-
der, was insane when he did it, then
if you find him guilty he must die
and, Thou shalt not kill His blood
will be on your head"
Mr.. Garrecht then went ahead in
an emotional address. referring to the
wife of the prisoner, to their babe
unborn. to it's future, what the effect
on it's life will be and the effect on
the future of the sad eyed woman by
his side. This brought Mrs. Barnes
to tears and she wepo unconstrain-
edly. Barnes stopped chatting with
her. as he had all the time Attorney
Cain had been speaking and his big
eyes filled with tears he could not re-
strain. Mrs. Abbey, the mother-in-
law of the prisoner, broke down and
wept and the whole room was visibly
moved.
Must Hang IF Guilty.
Remember the end" he said, in
closing. IF you find this man guilty
he must hang. No board Of medical
examiners can save him. And then,
if after he. is hung, you find by an
autopsy that he is insane, his blood
will be upon your heads. 1t will be
too late than to retracr. You would
not turn him loose by finding him
insane, but you would place him in the
insane ward of the penitentiary. But
ff you hang him, then you will be
to blame If the autopsy shows in
sanity and degeneracy.
Then" he shoued '1hose eyes
those eyes! How would you escape
those eyes? They would burn like
Goals of fire in your soul, even as they
burned into the mind of Frank DAWN
who testified. How would you escape
them Their memory would always
haunt you. Those eyes! How would
you escape them?
But" in a gentler tone, IF YOU
show him mercy, then you will have
nothing to regret. You do not turn
him loose. you confine him in the
renitentiary You viii never then
have the blood Of an innocent man
on your hands The quality of mercy
is not strained. it droppeth as the gen
tie rain from heaven. it is thrice
blessed. it blesses him shat gives.
Arm and Arm With Wife.
Barnes sat this af ernoon arm in
arm with his wife. their shoulders
touching, as close as their chairs
could be placed. She famed the pris-
oner and spoke to him frequently.
Attorney Rupp. in answering made
strong plea for the prosecution. He
took up the argument of the defense.
point by point.
The sticking to the same story was
an evidence of sanity, ne said. III ne
had told various stories. it would
have been more like insanity.
AS to medical testimony and the
justification, he said there had been
no evidence Of insane murders but