The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-10-23
THE BROOKS CASE.
Under Way Again-The Missing
Witness not Forthcoming,
and the Trial Proceed
ing Without E1im.
The Court Refuses to Admit the Afida-
Wits of Neil Mclaughlin.
The Commonwealth Closes its Case
The Defense.

s'nis morning at 10 O'Clock Judge Ludlow opened
tine Court of quarter Sessions for the purpose OF
proceeding with the trial OF the wOudDe assasslhs w
Of Revenue Detective Brooks in such manner as the
condition of the case required
The name of Onlcer Kelly, No. 35, seventeenth
Police district called but no response was maze
MIR. Gibbons stated that every effort mad been
made by the Mayors force to ind THIS man, put
without success and he did not feel al liberty 10 IN
fict upon the Jury the penalty OF further imprlson-
ment, and therefore would not ask another adjourn
ment, but would proceed with the trial ana hnlsh IL
if possible to-day -
the dates of the arrest of the prisoners in New York,
and ther delivery to the Philadelphia authorities.
Mr. Dwight then offered in evidence, as part OF
witness Neil Mclaughlin, saying that he was pre-
pared to support the oter by authority.
On the part Of the defense, Mr. Mann DIRECTED,
first because the Commonwealth could not be
allowed to contradict or impeach the testimony OF
her own Witness Many mistakes were made in the
din of the hue and Cry against these prisoners, which
was far greater than that raised when q citizen
called policemen to arrest thief and was himself
arrested while the thief was allowed to escape
which happened in this city within the past ten
days. sight could not be lost of the fact that Nell
Mclaughlin, whose afldavits were offered, was
COMMUNICATIVE witness; but there seemed to be
disposition to charge him to the defense; and q
newspaper yesterday IN Learned ~ sinS him as
witness on their side of the case, when the mem
bers of the press now at the bar OF tne GourG KNOW
even cross-eXamined by the defense
Judge Ludlow requested Mr. Mann to conane his
remarks to the question before him. namely, the ad-
mseioility in evidence OF the aidavlts OF the Wit
ness Mclaughlin.
Mr. Mann then resumed his argument, addressing
himself to his case like lawyer, speaking law and
citing authorities in support OF his position
EzMr. Dwight answered, also citing many decisions
OF our Supreme Court as sustaining his offer.
Mr.. Gibbons followed saying that he had been by
duty bound TO call Mclaughlin for the Common
wealth for it was upon his testimony that the pre-
sentmento Of the Grand Jury was found True 1t was,
Mr.. Mann did not cross-eXamne TINS witness pc
fense; but when Mayor Fox was called and proved
that Mclaughlin had previously made a different
statement he was rigidly cross-eXamined, and his
reference to the written statements strenuousy
opposed. The defense would have had perfect
given to the jury instead of the uncertain recoec-
ton of the Mayor The Court and jury
the case. no matter from which side
1t came If the principle contended for by the de-
triumph this court might as well be abolished, for
an assassin or other felon could not be convicted.
Should man be charged with murder, and three
witnesses appear before the Chief Magistrate of the
city and swear that they saw the murder, and that
the prisoner was the man VINO conlInisSed IT, @ Oh
Grand Jury room, but an lndctnent was present.
ment; and then upon the tri9l these tnree men, one
was not the man, then where wouldyou be? Where
Mr. Csssdy. in closing the objection said that Mr.
Gibbons had been carried away by his own sensa-
tonal declaration upon the merits OF the case, as
much as Mr. Mann could be said to nave gone out OF
the case to fIght the newspaper world. Contentng
himself with this little divergence, the gentleman
discussed the simple question OF law before the
Mr. Cassidy again began a defense of Mr.. Mann's
departure into the newspaper world, but was inter-
Tuptedb Judge Ludlow, who said
Now, gentlemen the newspaper Is @ r TG world ID has
r gassIdyNt Wit ought to be out of it.
Judge Ludow-"Well, it is, so far as this case is
concerned We are not to heed the newspaper com
ments any more than any other unauthorized pro-
ceedng, and it is gross improprety to comment
upon cause during its trial in court; and the jury
should hear nothing of the remarks that the news
papers have indulged in about It,"
MIR. Cassidy am glad to hear your Homo say
Judge Ludlow sustained the objection and eX-
cluded the evidence.
Here the Commonwealth closed Mr.. Gibbons an
nouncing that Kelly had been discharged from the
The Defense.
Mr Cassidy opened the case OF the defense, dwell
ing upon the effort which he thought was made 10
put this case which is simple issue, upon the role
of sensational dramatic cases, which was becoming
fashionable, The jurors must have been impressed,
they tried to enter the court, with the lines OF Or
namental officers who surround the court, adorn the
halls, and escort the prisoners up and down stairs,
and the witnesses to and from the witness stand the
presence of the Government ollicials, and several
other little incidents which occurred TO heighten the
sensational effect the failure OF the witness Mclaugh-
lin to say what the District Attorney wanted him
TO say, the immediate parade Of the Chief Magts-
trate OF the city to demolish the testimony Of Nc
Eaughlin; then the missing police o1icer and the
excitement over his absence, the consequent ad-
journment of the Court IN order ia elbow the whole
police force 10 ind him; the whole police force
looked for him and didn't lind him. Had a these
highly sensational scenes been omitted, and
the jurors attention been engaged smEy to the true
issues OF the cause, they would have been home last
night. He only mentioned these matters in order to
show how little they had to do with the cause the
jury was sworn to try. Their duty wes simply Co
ind whether the poor men in the dock were guilty
or not guilty Of the assault upon James j. Brooks If
they were guilty the jury should say So and Judge
Ludlow would give them the ful extent of The law /;
but II they We're not guilty, they would be acquitted
and allowed to pass out of this Court free. This
case was to be tried just as any other
case. Then, dismissing all the matters
that had been introduced only for sensation, the
cause dwndled down to the statements of Thomas
Hughes James Mclaughlin, and James j. Brooks
The first witness would be shown to be a low vaga-
bond and bounty-jumper, and utterly unworthy of
belief; the second by his three different statements
made under oath, proved himself 10 be in the same
boat with hughes. AS to Mr. BROOKS, he would say
tlat tne victim OF this assault deserving OF the
sympathy of the whole community, and he would
be heartily ashamed OF the jury he was addressing
did he not believe they accorded that sympathy
10 him. .r
But the fact that Mr.. Brooks was revenue onicer
al9 not aggravate the case, and he was more en-
ted 10 justice than any other reputable citizen but
e stood equally with any other man whose life had
Deen assalled In similar manner. IL would he
shewn that Mr.. Brooks was honestly mistaken I'm
lhs matter; he was too excited to recognize the
iacee OF his assaants; he had when
DeieFihg himself 10 be upon his deathbed, said he
did not know who the men were that he mad moi
seen them long enough The defense would show,
py ngiy reputable citizens, that from 10 O'Clock
until or the day on which the assault was made
the prisoners were all the time either in front M nj
inside OF DevtIs tavern, next door to the MOyamen
sing Hose house, so that they could not possibly have
committed the crime F'' ~
Their flight from the city was easily exnlained Inv
the excitement that existed in the eOmmunity the
suspicion that rested upon them, and the severity
with which they knew they would be treated if ar.
until Mr.. Brooks recovered ana they determiped tC
so away until he should be about, when they re.
turned for Trial.