The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-10-22

business; the office to which accustomed 70 re-
Keenan's store number OF times. my last vista,
tiOns there the 4th and 9Th OF september On
s Ss s heTe r. S m aeS FrOn
west side, few doors north OF Arch; the stoIe i
Judge is about one hundred feet deep py h nort
and the other on the south sue, Will Will
dow between them; from the ,,o NORM NORM
door is a fight OF lstalrs passing up TO the upper
store; at the south door was a counter, with some
baskets OF champagne, and in front OF , tne store
ranged along the store. and at the termination Of
them was glass partition going north ana soatl, IN
the centre OF which was door; there was an INSIDE
glass partition dividing this inner room into two
Gnlces and the door opened into the northern ONCE
as you pass out nforsd Tl %e tt' That BASED into
the cOunting-roOm and young Keenan, came from
the south office into the north office and handed me
the Government book that had asked for the SatuT-
day previous; took it and placed it on the end of
the desk the glass partition, aud began its eX
animation; while thus employed three persons EN-
tered the store and came towards the COuntingrOOm
/ was in: young keenan, went out Of the Onlce and
met these men some four five yards from tue par
tton about that time turned to look at the parties
who had come in, and they stood in a triangular
position with the boy Keenan, in the centre one man
stood at the nOlth, another at the south, AMI the
third man with hts back towards me to the west;
the boy stood with his tace to the western man,
who appeared TO he the spokesman; | heard them
ask il Mr.. Keenan, was in, and paid no further
attention to them,, ana went on trans
scTibing what desired from the book:
] heard no footsteps behind or about me; yet, while
in the act of writing, / heard an explosion right
against me. and my back struck as though with
some blunt instrument; | Immediately turned and
saw a man escaping from the door OF the office; at
the same tine in looking towards the street, saw
another man with his hand uplifted, with black
jack in it, in the act of throwing il; what occurred
after that until found myself emerging from the
store into the street | cannot say | remember in
leaving the store; | subsequently discovered that
had been struck upon the temple With The blackjack,
which affected my jaw for several days; recolect
leaving the store and drawing my pistol had great
difficulty in drawing It, for the hammer caught in
the lining kof the pocket; immediately on reaching
thn oil l-p1 "a 1tt,l atr
CLING TO get into a carriage which was in fun mo-
tion, and he had great difficulty in getting in sub
sequently traced the carriage as far as Martins
liquOr store, whicn was something more
than half a block; then became exhausted from
loss OF blood, ana was taken into ne store ana was
subsequently taken 10 my home; Detective Franklin
and policeman came TO ME at rtin's store: only
know that was wounded hy ball; az soon as
turned knew was shot; and when began to yell
''Stop the carIiaSe! knew pre- ty well the extent OF
the wound, for the blood was dOwing fast :; 1 now
have on the coat wore when was Yhot-thc iury
standing at the southern end of the triangle in
the store; p9ugherty | do not recognize as one of
the men i'll the store; saw the man struggling to
get into the carriage aud Kept my eye upon him,
giving no attention TO my pocket, which caused the
his profile, and believe James Doughcrty to be that
man; (as this was said there was a conmotion
throughout the courtroom, and it whispered
THAT settles it; conviction cannot say that
l saw Mclaughlin that day
Cross eXamined,-I made a previous statement
which can hardly recollect, but 1 believe I said
saw the faces of all the men in the store except the
one with his back to me; when made the state
and said the man who drove the carriage was Of
Hamilton's build, but his hair straighter; when
man is sitting upon u carriage you can't
tell his height, and so it turned out !;
McIaughlin's hair is straight, though Hamilton is Il
larger man than Mc laughlin; my impression of the
was formed from what could see of the former on
the carriage; ii was not upon this impression that
bail; the record will show differently; | never
recognized Hamilton; gave description
of O1othaS these TO men the to Mayor FOx ana
did not describe them large, stout men; the
greatest height ! gave them was five feet eight; !
cannot say that the description was taken down;
have said do not recollect what occurred after
saw the men holding the blackjack up; could not
said that after saw the black
jack uplifted all was confused,
but the confusion did not interfere with my recoec,
lection OF the faces / saw in the store: first saw
DOughefty here in court since that day, September
u: have not seen hum in the interval; when saw
them in the dock last Monday week, when they were
arraigned, | made up my mind this was the man
when came into court that Monday looked into
the dock and was told (alr. Mann here exclaimed,
Stop, sir! stop, sir!'D their names
me here; il this cause is to be tried by noise can
make as much as you; 0ty lutgS hacent been shJt.i
Judge Ludlow Here gentlemeyS stop this imme
| diately. Mr. Brooks, just answer the question.
| Mr.. Brooks-l was told their names; was told
| that the men who had assaulted me had been
| caught, and that their names were Hugh Mara and
! James DOugherty these two men in The dock are
| the same that was told had been caught. there
| Were three men who were proclaimed as outlaws
| and that they had been caught; the persons who
! told me couldn't tell these were the men who as
| saulted me; could not tell they were; | do not
! now know they were the men who assaulted me,
Mr.. Mann-Thatis what wanted; that's what
thought Thatll do SIR.
| Mr.. Dwight-Iou know that the man you saw in
\ the store was Mara, ami the man you saw getting
into the carriage was Dongherty, do you not
| Mr.. Brooks-I do, SIR.
| Re-cross- examined-I never said in Martins that
| ! would not recognize the men who assaulted me;
| have said there were two men | could identity
| first Identified the prisoners a week ago Monday
! when they were arragned here.
| Sergeant Duney sworn on his p0tTe dire-I have
| made efforts TO procure the attendance Of Onlcel
Kelly, No. 30, Seventeenth district mt court; | saw
him about 10 O'Clock last night and was directed by
his Honor the Mayor TO have him here this morning.
had no subpoena, because none was given to me
and didn't know therewas one in the hands OF the
Chief; afterwards went TO the Chief and got the
subpoena and attempted to serve IT, hut couldn't
| find him; general search was made for him. but
| he has not been heard Of
| Mr.. Gbbons-We have no further testimony to
offer at present for the Commonwealth, ana close
asking the right OF examining oficer Kelly, who is
most important witness, should he come in before
| the conclusion OF the trial.
| This was opposed by Mr. Mann,
| Judge Ludlow said he would follow the precedent
SET in Magures case, and suspend the trial utl the
authorities OF the city and OF the nted States have
made most thorough search for this man, and pro-
| duce him II possible
ton to the rule in Maguire's case, as was counsel
in it. Then the witnesses had been subpenaed, and
| owing to the elaring outrage upon the Court by
had been taken out but not served, and certainly
you cannot delay this cause because of the neglec
| rights here they should be allowed TO heal
/ the whole Of the COmmOnwealth's case, and ther
present their defense entire, without interruption by
the examination of witnesses for the prosecution.
| Judge LudlOw-Now, when you speak of the right
of the defendants, remind YOU that yesterday yOr
whole aSy or ana now d[ Sre e @ eCse
| Mr.. Cassidy-But the commemorative case ha;