The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-10-21
OHTV HNTELLIG EN- q n.
THE BROOKS CASE.
Hinder Way at Last.
The Prisoners and Their Accusers in
Court Precautions Against the
Whisky Ring-Commence-
ment of the Trial.

Y. tSn CJnarter Sessions over which Judge Ludlow
SrosiSed were guarded by policemen, the purpose
which precaution was to protect the witness Nc.
Tanghlin against any violence that might be at
teinpI GpUnsel for fhe defense were in attendancn
snd also the detectives who worked up the case for
the prosecution, and preparation was made to begin
'rbe selection Of a Jury was commenced. John w.
ucGOnegal was called to the box, but set aside by
the commonwealth without q challenge, either
naTamntory or for cause which was objected to by
t CASSIDY for the defense. In support of his action
ssnnWpaIth in which ChiefJustice Thompson de-
sjSad that the custom OF the Commonwealth setting
,ny0rs aside was an ancient and uniform one con-
armed by the common law ana practice in this
state and was sustained Ihe defense answered
that mis-. was 50 only in felonies the penalty OF
hitch was death, but it was never so i'll our courts
in Celones of a lower grade.
The Judge IN passing upon the question, said that
tba heading authority in this State allowed this priv-
sge 10 the commonwealth, not Us prerogative, but
as an indulgence which could work no injury to the
prisoners Or deprive them OF any right the policy Of
me law had accorded them; and, governed by this
authority, he was bound to sustain the District At
Tndcr this ruling a number Of jurors were called
me Jury as first selected consisted Of the follow
george S. Kidd, Jacob Frank,
}. y. k99ya TohnS SponaIdsn,n mSLEn,
H. Jherly, Adam Ruth,
John II. Addison George b. Cripps
In exercising the right Of challenge on the part of
the defense, William i. Mann. Esq, challenged
Jacob Frank Tor cause, ana asked MN II he knew
what case he was called to try, and lie said he did
mot know particularly what was the case. Mr.. Mann
challenged him upon the ground OF lack of intelli
renee saying that If, after seeing batch of police
men lining the halls Of the court, the United states
law officers aiding the District Attorney (Messrs.
Aubrey II. Smith and John X. Valentine were sitting
beside Mr. Gibbons and Mr.. Dwight and all this
eoncOurse of spectators gathered in court this
ing the Juror did not know what case was to be
tried he certainly had not sufficient Intelligence 10
sit in Judgment upOn it, OF course, such challenge
Ss this was at once overued, and Mr.. Mann was
leo ~ col Is NOR fnET T.41a liaR
The Judge said that in ali cases below the
grade of capital the jury would be sworn together,
Ne wOuld in form counsel for the defense that
they had the right to challenge before the oath was
administered lie would go one step further and in
StgUct the panel that if any " them had formed
an opinion in this case that would mcapacitate him
from sitting it was his duty to let it he known.
One gentleman B. shaw, arose and sail he had
formed such an opinion and was therefore eXclsed,
ani another called in his place.
Another gentleman made similar statement and
was excused, and another gentleman called In his
The jury. as selected and sworn. was composed Of
The following gentlemen
George S, Kidd, Joseph Miller
kUcrly, jnhn Donaldson,
John II. Addison, John b. Cripps
Benlamin BrOChnan, Henry Ripple
Harry Warrcn Charles i. DOane,
j. II. PaNOn, ilhinGas Lewis.
Er. Mann offered 10 challenge q Juror after the
cath mad been administered, but was not allowed to
do So by the Judge.
Judge Ludlow informed the Jury that he would
exercise the power Of retaining the Jufy In custody
until the conclusion Of this trial. and in order to
facilitate il he would hod three sessions day, adj
joUrning at Z. O'Clock, meeting again about g. ad-
iougning at unit T. ana then sitting late at night,
hr. Mann said tile prisoners were rather peculiarly
crcumstanced, never having had hearing not
knowing what was the nature Of the evidence to be
produced against them, ana having had no oppOr-
lHmty ior preparation; ana therefore he would ask
ihe Court TO dispense with the night session The
Judge said lie would settle this matter later in the
day.
District Attorney Gibbons opened the case OF the
Commonwealth, laying before the iury the iud,t-
Ment charging James DOuglcry and Hugh Mara
with an assault and battery with intent to kill and
murder James BROOKS. lie would make brief
statement Of the facts he proposed to prove aud
then il would deyolye upOn the jury carefully to
weigh the facts ana say whether the accused were
guIty or Innocent of the Ollenscs charged.
The Grand Jury having fully inquired into the
case presented the prisoners at the bar as the per-
sons who on the 9th day of September last inflicted
the dangerous wounds upon Mr.. Brooks in the store
Of John Keenan,, No. 112 North Front street, MIR
BToOks was employed by the United States Commis
kioner OF Internal Revenue for the purpose of de-
tecting and preventing frauds upon tie nationa
revenues, and his duty required him to make nan,
srBctal visits TO whisky establishments He wa;
m6TS frequently on duty in this particular locality
During the week Immediately preceding the 9th of
September carriage, drawn by pair Of spirited
borses' containing two persons, ana driven by
young man, was for several days driven up Sut
Gown the localities where Mr.. Brooks was inostl,
attending to his business the same persons were ii
attendance upon this carriage on each occasion
On Friday the carriage drew up in Front street am
the two men walked up and down between Cailow
hill and Arch streets, and returned TO the carriag
and drove away.
on Saturday the same thing occurred. on thi
latter day Mr.. Brooks had been at Keenans and sal
he would be there again on the following Monday
When Monday morning came the carriage was i
The locality early in the morning, knowing that Mi
BIZ. Brooks frequently began his rounds at an earl
hour Bctween II and ! O'Clock Mr., Brooks mad
his appearance and went into KeenaIl's store nm
carriage was then stationed on the side OF th
street with the store, and three men entered MI
Brooks was standing az the cOuntiug-house desk OK
aiming an account book.
The men walked towards the counting-room an
s,tOplleu ~, q sn1rG distance from it; Mr.. Brooks VA
standing with his back towards them: nercejyin
taem enter, he turned ANA saw them talking wit
heehan son. ana then resumed his work one q
the men entered the countng- Dom by stealth oT
preached near hin ana shot him; the ball nassini
lodged behind one of the lower ribs The oss,noi
az once ned ana Mr.. BROOKS pursu ed him bnt haTo
he had gone many steps another -One of tha n,r
struck him glancing blow upon the temple with
blackjack, and Mr.. Brooks fell 10 the floor
Almost Immediately he arose ana resumed
pursuit OF the assaSSnS, who ran 70 the Carrla
and dashed on, Mr.. Brooks fell exhausted on &
sidewalk, was taken TO an apOthecary's near by, al
thence removed to his own home by the prOviden
OF God Mr. Brooks husband and father and "a fait
ful public officer, IS here TO tell the story of
wrongs. Iii expected to prove that the two m
we're IN that carriage each day during the p
seding week, that the carriage waiting in front
Keenans store on the 9th OF September was in tn
service, that they were lle men who ran from t
atty Of New York upon a reQuk,itlOn found by q
Grand Jury. 1t was not the fault Of these prison,
that that they had not deprived q wife of a lOyi
husband, a family of father and protector n
that they are not now upon Ilal for one Of the M
dastaruy murders ever recorded upon the annals
crime.
The following witnesses were called for the Co
monwealth-
n. Front street; was in the city on the day
Brooks was shot; think IL was on ThursJay' ~
tember &, between IL and I O'Clock; was passi
Mr. Keenals store going TO where work ] hear,
shot and turned 10 look in ana saw three men md
cut, run TO carriage standing close by, get in a
drive oil rapidly; a man canie out of iI6 store n
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