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

| them
that was the first time had ever seen them; after
| had been waiting there half an hour or an hour
tneE came % snd got INTO the carriage and told me
| didn't know where they came from; a gentleman
came running after them; dtove off as fast as /
COULD couldn't tell what the mans intentions
were with the pistol; drove to Fairmount Park,
where the two men got ont and paid me-
Question by MIR. Dwigbt-Did you ever make a
statement about this matter before? Answer. Yes.
Mr.. Mann objected to the question: on the ground
that the commonwealth could not cross-examine or
| Judge Ludlow said this was an exception to the
rule, and the commonwealth had right to cross
Mr.. Dwight asked for indulgence until he
should send to request the attendance of the Mayor
| This was of course allowed, notwithstanding tbe
! objection Of Mr.. Mann, who said he thought the
object was TO intmidate the witness by the presence
! The witness continued; The carriage drove be-
| longed TO Mr.. kryin, in Fitzwater street, above
! Seventh; on the Saturday before this Monday. /
! these two men that drove on Monday; thew
! engaged me at Walnut street wharf and drove
! them I'm Front street; had seen them the Thurs
! day before and driven them to the track; on
| Saturday / stopped the carriage at Front aud
! Arch; they got out and went away aAd then
came back: then drove them to Seventh
and Walnut, where they got out and paid; on Sa-
turday afternoon these men got me at the Walnut
street wharf and drove them to Front and Arch
and Front and Race, then to Seventh and Walnut
streets; saw the same men on Friday afternoon
At Walnut street wharf and drove them TO Point
Breeze Park; stayed there until 4he races were
over; brought them back to Ninth and Race, where
they got out and paid me; on Thursday was doing
a funeral; in the afternoon / drove theu along
Front street TO CallOwhill then to Chestnut, then
TO Ninth and Race saw them on Tuesday before
that at Walnut street wharf; that was Che first day
| ever saw them; / drove them in Front street
every dav from Tuesday until Monday afterp non:
| don't know who they were have never told any
body who they were, for didu't know; now say
those two men were not IIngh Mara or James
DOugherty; made statement, and ii did say
they were was scared at the way | had been ar
rested never told anybody that the men drove
around were Hugh Mara and James Dougherty,
outside of my statement; [ never said these men
were the prisoners; | made statement to the
Mayor, Mr.. rryon and Mr.. Franklin; in part of my
statement / told the Mayor the men | drove on
those six days were Mara and DOugherty, and in
another part James Jones and Henry Stratton; /
made oath 10 this statement told him that Jones
and StTatton were arrested with me in New York;
atterward, when the names were mentioned, l told
him that Mara and Dougherty were arrested with
ME in New York; | knew the prisoners in New
York as James DOugherty and Hugh Mara; ! did
not see them at Coney island before went up to
New York; told the Mayor was at COney island;
told him that had met some persons at Coney
island.
arguing it at length, Judge Ludlow said it was
competent TO prove the statements made before the
now stated, TO prove the statements themselves.
The witness resumeu-i still say the first time |
! ever saw these two men in the dock was in New
| York, the Friday before / was arrested L don't
| know what / told the Mayor; don't know whether
| told him that they were with me at Coney island;
! might have told him so, but / didn't see them
there; | say never saw these at Concy island
| l don't know what | told the Mayor, for l was
| scared; after came from Paramount Park went
|
| had nobody in my carriage from the Park to the
! stable; drove up Christian street to Ninth up
| Ninth to Fitzwater, and down Fitzwater to the
| stable; then went home, and aflerward to Wal
nut street wharf and then to Market street wharf
| where l stayed till morning, and then rode home
| with n young man named SMITH Robert Lyster
Smith was in the carriage; 1t was about two oclock
! on Tuesday morning when we lott Ninth and
| Christian; went to Seventh and ShippCn, waited
| for Mr.. Smith and drove him home, and then went
| home about four O'Clock and went to bed; got up
| about seven o'clock and looked at the paperi saw
| what was in it, and stayed at home until nine
! New York; stayed over night in New York, and
then went TO Troy, where stayed two weeks or So
| stayed in New York over night, and then went to
COney island; nobody there that knew;
| came back to New York on the Friday before
| was arrested; Hugh Mara, James Dougherty and
| Bottles with me when was arrested.
| CrOss-examincd-Whe l was arrested in New
| York they told me il was for a bank robbery
| Cornelius Napheys, sworn-I am i'm business at
No. 11G north Front street; l remember the day
MIR Brooks was shot: about 81 O'Clock in the morn
ing ] saw a carriage standing on the east side Of
! Front street; young man was sitting ON the box
again saw it at ~ O'Clock in front of our door; the
| same young man still with 1t; l standing
| at our desk about quarter after II, and saw the
! driver get OFT his box and open the carriage door
he resembed the young man who has just testified;
| he then got ON the box again, took the rens and
| whip in his hand and looked toward Keenan'sstore;
] went to the front door and saw three men out
of Keenan's store; the tirst man entered the car
Tiage, and the other two had to few PAGES be-
fore they could get IN, anu Mr.. BROOKS came run
soon as the first man entered the thing OccuTredso so
quickly that could not recognize the men.
W.J. Thorman, doing business in Front street,
above Arch, corroborated the statement OF the pre-
cedng Witness but could not identify the prisoners
| as the men who were with the carriage, though he
| thought Dougherty bore strong resemblance to
| one OF them. ..r
| Policeman Thomas Snyder, sworn--I know the
| two prisoners; the day of this shooting saw
| them at Devitt's about one O'Clock in the after
| noon; they were there from one until three, when
! / went away.
| Detective Franklin, recaled-I have stated that
| l saw Mr.. BROOKS on the day he was shot; was
| coming down Callowhill street, between Second
| and Front when the carriage driven by Neil Nc
| Laughlin turned into Callowhil he dashed by me
| whipping the horses
| on this day; he and called Mclaughlin to stop
and he drew up the reins until he had passed, but
then put the whip to the horses and drove as fast
as ever; pursued the carriage out Spring Garden
| Mayor Fox, sworn-l am Mayor of the city of
| Philadelphia; have seen Neil Mclaughlin; / saw
| him to-day on the witness standi had seen him
| several times before he has made a statement to
| me of the circumstances of the shooting of James
a. Brooks; that statement is in my own handwriting,
to which he has affixed his mark or signature, do
| not reColect which, under oath; he has made
| cond statement additional to the first, the body
| not in my handwriting, which was read to him by
me to know whether they were the facts, to which
| he has also affixed his mark or signature under
| oath.
Mr.. Dwight here offered the statement, which
| Mr.. Mann objected to. The Judge refused to ad-
| NIT il to go the jury, but consented to allow the
Mayor to detail it, refreshed by the written docu-
| ment.
was the driver OF the carriage belonging to Michael
| KiIwin; with that carriage ON Monday, September
6, he was at Walnut street wharf, whilst there he
! was employed by two men, who ordered him to
drive to the base ball ground; he started up Walnut
street until he got little west of Front, with the
| two men inside, when one of them, he didn't
know which, said 'Dryer hold up, turn, up
| Front street." he stopped by their order in Front
| street. near Arch: they got out, and he drove