The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-04-14

Brooks pull a pistol out. and immediately afterwards
neara me report when witness left just as the police
Cross examined BY Mr. Hal-Berore keeping the saloon
was employed on the steamboat Empire City years
had known Brooks for eight or nine years and Lacy
nve or six; on the night in question met Brooks and
Lacey at the ferry By accident who said they had Just
oeen across the street TO hcKineys and Brooke asked
him (witness) 10 80 and have something TO drink on
entering Brooks asked witness what would take when
the barkeeper stepped up and said eve don't servo
damned niggers herop Brooks asked why and the bar
keeper fred tumber which struck witness the head
nnictng severe wound and cutting hole his hat.
The hat produced and handed round for the Jury
10 examine. II is made OF thick wooen cloth and hickly
lined The hole was small, Jagged cut, right through
Testimony continued-The second tumber was thrown
immediately afterwards, and struck the WALL where Il
Brooks and the barkeeper then struggled when Smith
kicked Brooks, who drew pistol from his pocket and
fired Ia a few seconds afterwards.
BY Juryman-The cut left scar on his bead for about
a week afterwards.
Robert ]. Williams, an elderly coored man. testified
that he keeps restaurant; has known Brooks for the
last ve or SIX years. ana always hoard Of him as being
peaceable, quiet man.
Richard Bal ey, another colored man testified that he
had known Brooks for twenty Ave or thirty years and
had never heard anything against his character had
aiwnys heard him spoken Of as quiet. peaceable man
william H. Wilder testified that he had known Brooks
Tor tho last six years during which time he had always
heard him spoken Of as peaceable, quiet man.
BROOKS from ooyhood, and had always known him TO be
peaceabe, quiet man.
nation OF the last -four witnesses
The case for the defence rested at this point
sequence OF number Of witnesses having failed to attend
Mr.. James T. Brady then commenced to for the
defence by expressing his satisfaction that jury had
been empanelled in SO short time who we're willing
to administer equal Justice between parties, Of
whom was unfortunately coloret man from which fact
he inferred that the prejudice, out OF which grew "he
slaughter OF the innOcents in July last shared
by the jury Mr. Brady eoquenty and orciby enlarged
on that topic, and then took up the In s legal bear
ngs He contended that TO convict the prisoner OF muir
w ia
ney to prove that the killing deliberate and premedi
tated to convict Of murder in the degree would
not be necessary TO prove the generalization Unsuitable
homicide was then explained to the jury as meaning
lawful defence OF ones person The learned gentleman
then defined the different degrees OF mansaughter and
went on to review the evidence in the The testi
mony of Mr.. Barker, the first witness examined for
and reliable. while that Of Flynn Maggie ana Barry should
he thought. be received with great caution. from the
fact that they had been intimately acquainted with the
deceased and for whom they doubt entertained feel
ngs OF friendship and esteem He then alluded in dis
paragng terms to the character OF the saloon where the
shooting took place and conended that the testimony
given by witnesses for the defence In relation the good
character OF the prisoner and his usually quiet and peace
able demeanor strong evidence that he would never
have committed the fatal act had he not been first
sailed.
District Attorney A. Oakley Hail. in summing up for the
prosecution opened with few eloquent remarks show
ing the great necessity for fair and impartial admins
tration Of public justice He theu went speak Of
the evidence given by the witnesses for the defence
which, admitting to be true, and that the witnesses
had not been actuated by feelings OF friendship for the
Many men bad gone to the scafold for crime which
fifteen minutes previously they had intention
nit Abiding TO Mr.. Brady's remarks on the testimony
OF the witnesses for the prosecution he said the learned
gentleman had but done justice TO the Witness Mr. VIM.
Barker. He should call the attention OF the jury tho
testimony OF that gentleman and also to that OF the po
ceman neither OF whom had been examined by the
learned gentleman on the other side Mr. Barker testified
that he went INTO the water closet and while there heard
loud talking and swearing in about three minutes after
wards he heard the report OF pistol and leaving the
water closet Smith outside the bar and young
holding him up The talking and swearing might be called
the minimum OF SQUAD and the report Of tho pistol the
maximum. In answer to question whether he heard any
other sound he answered positively and distinctly "No
account that tumblers had been hurled about,
~ Mr. Barker must have heard tho noise they
would have made At the Cofouers inquest nothing
said about Brooks being cut and bleeding. The hat be
longing to Mckeel the witness for the defence had he
contended, been cut by tumbler, he felt
sured the must feel convinced after having examined
II. Even granting that tact, il q tumbler had been
ficted on McKeels head would not have healed up in
three weeks The would have remained there for
considerably longer period The policeman testified that
while standing In the street he Smith push Brooks
out on the sidewalk. Smith then went back
and Brooks followed him into the barroom,
and as man might conceive design to kill the In
stant he believed the testimony OF the policeman was
sufficient to show that the murder a deliberate
coming within the statute defining murder In the first
degree Mr. Hall spoke for two hours, thoroughly
rev iewipg all the testimony.
On the concusono Of Mr.. Halls address, Judge Russo
said he should deliver his charge Thursday morning
at eleven O'Clock TO which hour the Jury dis
charged. with caution not TO converse with any one
about the case