The evening world. Newspaper, June 21, 1901, Page 3

JUDGE BLAIR’S CHARGE WAS AGAINST BARKER. “ Alleged Outrage, Whether True or Not, Was No Justification for the! Defendant's Assault on Rev. John Keller,” Said the Court to the Jury. Judge Blafr bezin his charge to the jury in the trial of Thomas G. | Barker for the shooting of Rev. John | Keller immediately after the re | t.is af orno It was against the accused. Barker and his wife listened with | pale, drawn faces and several times | the wor:-n seemed on the verge of | tears. To those who listened to the | Judge's chrrge conviction seemed certain, “During the course of the charge he quoted at length from Barker's own | ttestimony on the stand, and fror Mrs. Barker's evidence. The Ju: referred at length to the competence of an accused person testifying in his own behalf. He said that while Bar-| ker was permitted to testify, he could not be considered an impartial wit- ness, but as being Interested to a) higher degree thin other witnesses in the outcome of the trial. The Judge began his charge at 1.10 | o'clock. He spoke in a low, conver- sational tone and very quietly. rongly i © ingenious a culntion of the experts, tnt recognition In of this state have repudiated these species 0} Insanity ns constituting a defense to na criminal prosecation, Mere paseton or frenzy oF Jealouny fon sane man in no » criminal prosecution ting trom such anger The Charae. “Gentlemen of the Jury: The issue which we have been examining for the last four days is now about to be submitted to you. There is nothing {- the character of this prosecutioz | + ¢ Is unusual in this court. «| “This case has, to be sure, acquired great publicity and achieved in a large measure meretricious notoriety. But, after all, the charge upon which | this defendant is being tried ts that] the moment of the shooting was in of an atrocious assault or assault! such a mental condition that ke was with intent to kill—by no means aa | incapable of determining what he unusual form of crime. was doing and could not distinguish between right and wrong, then he eaultinge or roanch prsaton, “If the jury is satisfied that the {mony establishes Insanity to such a degree that the defendant at simple duty In to discover | whether, from the evidence pro-| has mad> out such insanity as wil dneed eo yon. thin defendant) entitle him to an acquittal. fn guilty or not What h Selah t satisfied you of his TET ore CLD he has not satisfied you of his | sanity to that extent, then the defense of insanity is not made out, and you will proceed with your investigation just as if he were a gane man. “With this statement of the law constituting legal insanity you will recall the testimony of the witnesses and see how it places the accused with reference to th: law—Mrs, Bar- ker's testimony as to his condition and actions after she had told him her sjory and for some time previous to the shooting, and the testimony of BARKER TRIAL IN ler with which ye Lnve no conce: “The law imposes that burden on the Court and relleves you of all re sponsibility.” The Judge then reviewed the evi- dence at great length and laid down the law. He went on to say: Blow at Insanity Plea. “The suggestion that a person oan be entirely aane immediately before and Immediately after the doing of some pariicniar act an yet be insane at the Instant that ‘idence any way. onclustvely that Bare suor a Fr you to th aye to you Was as sane as (Continued from Second Pake.) ynvenient Defens had killed Keller? ave been here to-day «of murder Instead of a i crime Barker had Insane delusion. I® that is so, What becomes of that de fense? "It would not be comm let criminals set up the de of agsault with intent to kil!, sanity on thelr own motion same defense, How con- committed acts of violence, It must be fasanlievanaleno 1 to make | a dixeawe in brain w st | of Insanity a proper one j ery erlminal could on his own | would ha hin toa may st | actions generally. Mr. Smith and those who knew and worked with him and had opportunt tles of observing his manne. and h “The testimony of the defendant throws light upon this subject. You Will recall that reference is made tn t!> testimony ad in the ..gument el to some outrage alleged to been committed by Mr. Keller upon Mrs, Barker and which she told to her husband, the defendant No Juatities trawe” “There is no legal proof of what the outrage was. Mrs, Barker's story is not before you. Tt was ex- cluded because if it had been in evi- dence it would have constituted no defense to this fon. “IT WAS BACLUDED NE WAS IRRELEVANT AND INCOMP! AS AFFoID 1OoN FOR THIS 5 3 4 JUSTIBICN so CHIME. “As a matter of Justification to this prosecution you will give it no thought. The fact that Mrs. Barker told her husband that an outrage had been committed upon her was permitted to be given in evidence, because It waa thought that the knowledge of that fact might have had some effect upon the mind of the defendant; that that story by his wife might have affected his mind to such a degree as to render him Irre- sponsible for his act of shooting. “The consideration, —_ therefore, which you will give to the fact of the story being teld to Mr. Barker by his wife will be with zeference only to the effect that such story had on the defendant's mind, and whether It reduced his mind ‘to such a con- dition that at the time of the shoot- ing he did not know the criminal character of the act, and whether It 8 ALLEGED THE OUTRAGE 1T- JUSTIN NDANTIS ON SELF, 1 TRUE, CATION FOR THE ASSAULT. Cloning of the Charge. ‘ou-must say whether the story told to him affected his mind to a de- gree that excuses him from criminal responsibility, “If you believe the defendant to ne at the time of do- © convinced pubt frat, have been ing this act you must yond a reasonable that he did the shooting, and scc- that he did it with intent to he beyond je shoufd find the defend ne charged In the tn DETAIL. ae facts re Ahcrealantdibelwolcurs The Batting Order. de run, Mel out to Crawford, F mine verdict In this case. kiyn. Irwt her law! p Jersey |) | all or whether the jaw and anarchy shall no such this communt others. “LT oneed not pleture to you the cons sequences that Would follow such a ver- let ax counsel asks preme. f on of things in we see in some oot down dictates of thelr wills,” Court then took a recess, up such a def how could In New LY the day of t any man? T have only | the shooting ! (Continued from First Page.) on parade in Capt, e sted by Mana- Davis to ¢ twirling for the poet als, Davis, walking with a notices | wae given hand by the Pelham Woods Scoured! I riranaiivs intel walned Vacrass he benea, W . tall, for One Who Scared | Seer eiafanoydealay aie gle was sent Children. >, boss of bunch. were in ‘A wild man is believed to be at large tn Pelham. Yesterday while the chil- dren were going from North Pelham schoo} the wild man suddenly con- fronted them. fle was clad only in tn pair of trourers and his hair and beard | were long and unkempt. ‘The children screamed and fled down tho street. The presence of the man was reported to Principal I. C. Hill, who notitled Constable Marks. Marks | and a posse acarched for the man last)” night, but were unable to find him. The wild man has heen seen by Mre, | Patrick Marvel, Mr. Henrietta and eral other citizens, besides numerous school children. The description of him varies. Mr. Henrietta, who saw him Sunday, says that he Js a man thirty-five or forty years old and that he wore a blue snirt. Hite on Br: The children who raw him yenterday|fell {n Beaumont’s m| state that he wore only trousers, o The wild man fled into the woods as] nicsoe theen saimmore coll soon as @iscovered. Mile appearance} Witee ict on Gahan Charke aiken: was uncouth and he acted Itke one who | Rei was demented. There was some bellof in Pelham that the man was Blondin, the Massachusetts murderer. Detectiven from Boston traced Blondin through that nelghborhood on Tuesday. NEVA GOULD IN HER SUIT. Charles Harris Defendant in Wife's Pien for Divorce. Maltren. capi ani sore u Wagner was tn. : suis ne fly and Ritchey and anetield retired f AN waxy ity Wagner by Ifickman retired the side. ci cond Inning. isfleld with three of r lined the sphere Hed on the foul line and dle th Med to he cireut Hickman, run, ze knocked down G tg or. Nelxon' No runs. Lea ‘ell safe back of se onal scoring. Branafield struck out, One run. Taylor dled, Wiltze to firet. dropped Leach's throw and safe. Selbich singled to left. landed an easy rib w Hickman sk} Clarke Branatield Van wa: Wagner rapped the ball hard to Hick- man and died at firat. Ritchey’s rap to centre was good for one base, Ely's Charles T, Harris, of No. oo Fitth | itiche: by Taylor forcing street, Brooklya, President of the Cai- Yoreing iy. Novunes cn <tnzel bunted, and_ was thrown out, Wiitse attended’ to Strang's bound Bowerman hit safe through the plte! edon Terra-Cotta Company, was the fefendant In a divorce sult brought to- flay by ‘hla wife in the Supreme Court.[er's box. Nelson singled fi tne attorneys. for his wife, Blanche| base. ‘Taylor struck oul. ‘No rane, Osborn, ask @ week’ allmony.) Fifth Inning, Wiltse fanned, Van squeezed Clark's), asi or name of Neva Gould is mentioned | Ganzel VS. PITTSBURG. Ne Was © canting fly. Beaumont filed to Bernard. runs. Van lined a single into Wagne meadow, Selbach singled to left. nard drew a free pass, to Clarke brought in one a single te run, scoring Selbach. ard tried to score on Ganze Sixth tnutew, Welson threw. Leach out, retirel Bransfeld, W walked. Van made a circis ca! Bien y's tly. ne runs, Nelson was it by a pitched i Taylor forced hun atoneconte Neh te tren fanned, jel h singled to right Bernard drew a pire. tiickman was hit forcing in a run, Ganzel fied to Beaumont. One run, Seventh Inning. Ely died, Hickman_to Ganzel. mer fouled out to Rowerman. man threw Wiltsc out. No runk Zim- iek- Wiltse and Bransfeld retired Stranz. Bowerman amashed a three-bane hit be- Nelson filed to tween left and centre, to Mvidual | 7 * Ner- Hickman’s thy | BERT CMS -z Watches] Pride in a Diploma, or even ina Creditable Promotion, is immensely increased by a SEASONABLE GIFT. Here is one : A beautiful sterling silver Watch, with Waltham, Elgin or Lambert Works $7.75 S* HandsomeSterlingChain 1.75 ; Sterling PencilCharm . ‘1.00 Total... -... . $10.50 That is a little sum in the arithmetic of a young man’s happiness Watches with ‘American’ movements are frequently advertised tor $6. The works cost $2. The particular make of works is never mentioned. You know the makes mentioned above. The case ts made by the Crescent Watch Case Company,the leaders in the manu. facture of sterling silver cases. We guarantee the movementas well as the case. Girl's Solid Gold 14 Karat Watch, $20. Cases the very best made and choice of Waltham, Elgin or Lambert works. \Ve have cheaper watches, but this is the best value ever offered at the price. Class Pins and Class Rings. Lamberts’ Glass Rings and Class Pins are & famed wherever there are schools. SolidGold Pins, enamelled, $2 cach, Sterling Silver Pins, enamelled, cach, Class Rings, $1.75 to $25.00, mide in our own factory. 5 WEDDING KK) RINGS. The weather is still ideal for weddings. Lamberts’ Seamless Wedding Rings, guaranteed solid gold, are in demand. 14-kt Solid Gold, $3 to $12. 18-kt. Solid Gold, $4 to $16. 22-kt Solid Gold, $6 to $24. No Charge for Engraving. OLD GOLD REMODELLED, BOUGHT OR EXCHANGED. OPEN EVENINGS TL? PETIT ONT CREP TES KE! opp? Vogcd Bro AQ™ Sy. Cor, BY Ave. the greatest ever Known fom remarkabls Last week's selling was one of to this store. friday and Saturday were sucl days as stores. The well known standard of our clothing, togetier with the crowd our store with eager buvers. This announcement should set 1 wise mer suit, Read it caretully, then come here and be convinced w Special Sale of Men's $18 Light Colored Suits at $12. Smurt, stylish Suits for hy lined only on the sides Faclusive pate are soht at $18 te $20 4 it in ths broad military or Mar Stngle-breasted sack suit, sizes 33 to 46, Out special sale price..-ree Men’s Blue or Black Serge Suits at $14. ' These suits are made of an clegantly finished serge, tested thoroughly as to color and weart qualities as all our serges are. The linings used in these suits are a tine light weight mohair serge. The coats are either hilt lined or no lining atall, These tinguish the suits toewear, luxurious and sold-thousands of them. the man that buys one. but strong. Carefully Everything atte for manor boy for Summer wear, Straw Hats, Negligee Shirts, Summer Under: SATURDAYS TILL 10 P. M. . BROOKLYNS PLAY > HEINIES LAST GAME reached third on Dahlen's error. wt and Beckley were doubled. Champions Expect An- Bheck- other Easy Win from|* jeekard Cincinnati, Making It Mow Ike. Three Straight. Me eer eae a hig y singled and PARK, BROOKLYN. retired by Joand final «: the present series between th cham Brookiyns and) the Cincinnatis was played at these grounds this afternoon ry under perfect weather conditions ciullng are Na the champ! alpeadye canal tet tent tured) two xtrali ames from the | st Heinies they naturally felt contident ing toeday’s game isttors with the ng their figures in the eroentage | the Cincinnatis arrived they wery met by Ma MePhee, who wded with them ¢ hard for [is last game and jong losing streak e Heine i krounder pena " the phite. Daly forced Ken- Hanlon was uncertain about his pitel- TehuadnishonMeeans ery forced Dah ere to-day. At laxt minut to the conclusion that Kit=o% visitors. | Filth inning. Dots Mfted Lest mag and he was put in to Manager McPre tintzing his twii Ker to unload shoots and. ¢ eaUtigud ther browent rowd of rooters the Capt. Tom Day seat thi bat frat r Han J first on Magoon's bad wecond, at see rd scott f, seadin t we Hednies wiedged aly ost nuft rred ani double Dd, hamptons, ¥ ¢ Jen irs in rs Med to Duly. ASSASSINATED. Former Japanese Min- ister at Washington Killedin Yokohama. FOR WECLECT Police Captain Indicted for Not Checking “Red Light" Crime. of the st Nya ygener was under Taylor's! yoKOHAMA, June 2.—Hosht Toru, Noe ewer: ——<—___.. who was Miniter of Communications Witnownian the (cit WOMAN BURNED TO DEATH, |!» the inst tto Canine, was stabved to- “wan Indicted to-day: by: the G day at a meeting of the City Assembly ve section 134 of the L doy on the charge of wilful negiecs of Mrs, James Quackenbors, a widow, seventy yeara old, wan found burned fo death in her home on Frenon street, New Brun: a . this afternoon, lamp exploded and set fire to her clothes. j@ Was alone at the tl and ill, A dogtor who called to tr her found her body almost bi crisp, The hous aid not catab fires and died shortly afterward, duvy The deceased was Japanese Minister | © at Washington and was formerly Pree- Ident of the House, Hoshi Taru’s as- He will plead to the before Judge Cowing ta ns. 5 w that he made no a erime in his district. while he was in charge at zabeth manner. t jofsassination Is supposed to have been! street station vice was allowed to be eareded la due to eublic :/ AT LAW FOR WAY fail Orders Promptly Filled, SATURDAY EVENING TILL (3° WeGet There’ every time in the mat- @ter of Boys’ Cloth- ing! This time there's @a specially attractive. Port Warden March's ee ciate and= Claim for Damages | ¢ 276; Piece Suits a > | Quur rath St & Canal St. Is Disputed. | TUNNEL MEA ee @ Stores — cheviots—ser- @ ges—cassimeres that ward, | @ Were $6, $7.50, $8, inner, G92 & $10, Now $3.50 & $5. James 5. Burr for restraining the contrac: nd rattroad: ty pending trial tore for the doencroach upen ears premt trary nu o his 7 stl: ng on of! | whieh provide for t condemnation proc where 4 vate riy is acquit fo ity i Mr Hon wa aro Burr's Mr other Het In, ‘The « the b wirl that ragiel woe caught bh hoof a tree and wae yy protect bis propert thing Mr. Burr will desire to nt tats whieh Is for a ¢ with ap the fn suid mt Vithinn, in Pare ay HANGED HERSELF ON PORCH. Inmate of a snnit » Oyater-| ment was retorntn of the | WENT TO NYACK TO DIE. ia Baum Lett Wife and Child Her ands mnelt, 21.—Paut Ba ot No econd street, New York, 4 sutcide in Spring Valley last night dy shooting charne No reaaon t@ Known for the act me Baum leaves a widow and child tn dew Bos reate are eagecteds »many buy their clothing here. Men's Blue Serge Suits at $19. LIned.) SUk 1 lass tailofed garment from the usual ready- the seams just bound, giving the height of comtort with the narrow wale blue sides lined with a ricl minimum of weight. These suits are mide with our chur $14 quality of pure light weight The regular price of rT acteristic care; $18 values; special prices +++ Hee these suits is $25; our special price........ dbgeniGo0000 $ 9 Men’s Blue Serge Suits at $10 That Are Worth $14. From the beginning of the serge season till to-day we have talked of thes Every one of these suits sold means a clear saving of $4 to ‘They're absolutely fast color and of just the proper weight—light ailored, they'll hold their shape. These suits are the usual $14 kind. Our special price....-+.ssese sees eee ceee ers seers eee crit eesr cesses es tents ttenees ceee Vogel Drovhors AQ Sr. Cor B Ave. 10.30. | PBSSSVSVSS SSSCSSSSSSSSSSSSESSSSSSSSOOP And also Russian Blouse and “Rugby? i} Washeth Carhart « Co. nel from excavating In Elm street front of Mr Maren« premi 3 BROADWAY Stores: Cor.13th St, Cor. Ca Mr March claiins that the contractors are about ty shore uy hia buildings | DVVSVFVVSVVS $OSSSSS888SSS SSSSSSSS9 SLD IN TABLOIDS. - RIDES YEW RATLHOAD'S 1 pifention ll to the lot of clothing v prices, never fails to 9 where to buy your sume as cd. with all thes: little touches that: dis- most shilled tailors, of a vers blue serge suits $10 sar, Fancy Hostery, Low Stoes, Belts, Et Suits at $5.00, worth 67 & $8. SSS8SSOSSOSSSSSSS8SSOS8: St. Near Chambers St. MA TUBES.—The tube mall service ts Inned beca' ofn f appropriation, tmaster-General that the system be exe ner decided not to printe the necessary momey. snved, canary : sicoie COOKE TO BE PROMOTED—Delos HIG RAILROAD DEN Willard ¢ ported Wall street al nt xe wr woayuidtente headed by WHE rie Rallroad, will be prow » Kenernl passen Lod taken, han decided to into another busine he Pig John Joyce, of urt to-day om upport. might al arce ngninat lived at ely UT—The ape York and pany to One Wundred Thirts na street to the (hrongh Itye, Harrison, her tow, to-day hee wrote N ther rallrond Lines. ISS WRECKED.—The Montell! can ran inte a washout whioh: | ene,