Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1856-07-17
The Brooks and Sumner Case.

Hon. P. s. Brooks appeared before Judge Crnw-
ford Mt 10 o'clock this morning, to answer to the
charge of assault upon Senator Sumner. Mr..
Brooks was accompanied by Senator Butler and a
number of other friends.
The District Attorney appeared for the United
States, and John \ Linton, esq, and Hon. Mr..
Orr, of South Carolina, for thedetence.
The District Attorney read the correspondence
that had passed between him and Mr. Sumner a
letter from Mr.. Sumner, dated Silver Spring June
20. in which he expressed his inability to attend
on the day assigned for the trial a letter from
the District Attorney to Mr.. Sumner. stating that
witnesses were in waiting from distance, who
were anxious to be examined, and nquiring what
day his health would permit him to appear, and il
he would be willing to accept the proposition Of
defendants counsel to summit the case upon the
evidence before the House committee; n letter of
Mr.. Sumner in reply, expl essing surprise Mt the
communication of the District Att0rnry-thnt lac
(Sumner) had nothing tn do with the case directly
or indircctly-that its whole conduct belonged to
the Attorney Of the United States :: q letter from
Mr. Key. replying that though the conduct of the
case belonged to the Attorney of the United States,
he did not suppose that in any case the desire OF
Il nubiic prosecutor to confer with and consult the
wishes of the injured party would excite surprise:
that having received no anwcr to his inquiries the
trial would proceed on the Sth of Jnly at which
time he hoped Mr. Sumner wonld be able to attend;
a letter from Mr. Sumner that he would not proba-
hly be able to attend at that time and reitrratng
his desire not to take any part in the proceeding.
The examination Of witnesses was then entered
unon. Wm. Y Leader, ]. W. Smonton, Hon.
T.. If. Kcitt, Gena tor Pcarce, Senator Toomhs, DIR.
Boyie. DR.. Lindsay, and senGtor benjamin, were
examined, the evidence being substantially the
Ioc,u In y;npa
Committee.
Senator Benjamin testified TO Summers speech
HAVING been printed in advance Of its delivery.
Senator Toombs. while the stand at the re-
mcst of the counsel for the defence rcal from the
sreech of Mr. Sumner the portion attacking Sen
atnr Butler Gnd South Carolina.
The evidence heing concluded, Mr., Brooks rose,
and the thror ged court room listened In nhsorfcA
silence while he proceeded, in few brief words,
most appropriately expressed, toaddrcss the court
as follows:
MAY it please your Honor: May be permitted
to say word? Judge notwithstanding j.
appear in person hc.are this honarahie court SIM
ply to rccciveits judgement. wonl'l have prefer
red that the person upon whom the asshnt was
committed had hecn present to answer whethei
or not his speech, which libelcd my State and my
blood was printed before its delivery i'll the Sen
ate. ] lcei COnllutnl uIliIti t"u't
have denied this fact which with due Difference to
your Honor, regard as material to my defence
insomuch Ms a libel is contrary to law, and to that
extent would operate in extenuatlon OF my de-
fence.
would like to have inquired him, in person,
as to the degree Of his personal injuries, ana Ia
have been informed in what way he could recon,
ole that pert of his statement ms to the words uae
by me when the assault was made, with The sen
,cnce winch Immediately succeeded tins la':o onage
IA his testimony before the Investigating Commit
tee. md which is as follows;
"Whilc these words were passing from his my
lips, he commenced n succession of blows with II
heavy cane on my bare head, W TIE rH'a o. "htch
! ! wns stphHcd 50 as 10 lose sight"
1t would have gratifrd me had he been Hoihrei'
led to answer under oath ~ to the violence ol the
first blow, which, aver, was but tap, and inten'
ded to put him on his guard.
But sir. he is conveniently and deliberately ao-
sent and on travel, Notwithstanding but SIX days
ago this case was postponed TN account OF ms eS-
tteme inlispositon and the materiality OF his t"s
timony and get, with all these disadvantages,
prefer to receive the Judgment Of the court than
to continue in suspense.
Its not my purpose to address any evidence IN
defence. 80
have already accomplished more than half OF
the Journey of life and this is the first time thA'
it has been my misfortune to BE- arraigned oefore
any judicial tribunal rs breaker OF any law OIL
nv country confess, sir, and without shame,
that my sensihilities are disturbed by my mover
,osition. and Ihaye but to express my profound