The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1869-01-07
NO. 40.
THE BRODHEAD MURDER TRIAL.
In Oyer and Terminer, Monroe Go. Pa.

III Uyer anu I6fWlu6I, mOuIOo w. d.
FIRST DAY-MoNDAY, DEC. %, 1868
The case of the Commonwealth against
William Brooks and Charles Orme, for
the murder of Theodore Brodhead, was
called up on Monday morning, Judge
BARRETT and associates LEvERING and
DEYoUNG, presiding. The whole day
was spent in paneling jury, aud with
the opening argument of the District At
torney. The names of the Jurors are as
follows:
William C. Long, Jonas B. Miller,
John Deter, VIM. NJ. Overheld,
Abraham Butz, Andrew L. Hinton,
Jackson Stein, Philip Learn,
Jacob Learn, Harrison Doll,
Samuel p Storm, Samuel Anthony.
CoUNsEL-District Attorney, Holiness.
VIM. Davis and Samuel s. Dreher, for
Commonwealth. Charlton Burnet, j ohm
B. Storm and David S. Lee, for Defend
ants.
SECOND DAT-TUESDAF.
Howard Marsh, sworn.-Saw the pris-
oners in Stroudsburg Oh day before the
murder, in the afternoon about five o'clock;
never saw them before lived in Strouds-
burg six or seven years saw them the
same day at the Stroudsburg House just
after dinner saw the prisoners next day
when they were arrested sure the prIs-
soners are the same men.
Charles Staples, sworn.-Remember
the day Theodore Brodhead was killed
have always lived in Stroudsburg; my
age is fifteen years was clerking at MIR.
Matlack's hardware store at that time
went in the store the first one on the
morning Brodhead was killed.
Objections were raised by the counsel
of the defence against evidence relating
to what belongs not to the indictment in
the case The counsel of the Common
wealth maintained that evidence which.
leads and connects itself with the final
act Of homicide is competent. Both sides
argued these points at some length.
/ The Judge stated that it would be pro-
per first to establish the killing and then,
if necessary, bring in the evidence under
/ discussion.
Thomas Brodhead, sworn.-Reside In
Dutotsburg, Monroe county resided in
hotel, Brainard House, September 25th,
1868; had been at the barn threshing
about half mile from the house | came
home between ten and eleven o'clock in
the forenoon they informed me then
that the bar drawer was robbed by two
men they told me they had gone towards,
the station l went towards the station
Theodore Brodhead having started ahead
of me I followed on, got in a wagon, and
passed him, arriving at the station first
made inquiry if the men had been seen
there was Informed they had gone to-
wards the Gap; [ then started up path.
leading to the public road, brother Theo-
dore following after me when | came to
the Gap House l was informed the men
had been there and had gone on E; looked,
down the road aud saw them then ran,
along pretty fast to catch up with them
my brother Theodore was following some
little distance behind when 1 came up
to them told them l wanted them to 60
back with me that some person had rob-
bed my, bar and that they were supposed;
to be the men | stepped in between,
them Brooks said, IL am willing to 60.
back" the other one, Orme, refused to
go back took hold of his ecat sleeve
and told him he must go back they both
stepped back few steps towards the
house ; while they were stepping back
saw Brooks take something out of his
pocket and throw it towards the wall !; by
this time Theodore was along side of me
l then let go of the arm of Orme with.
the inteution of picking up the money !;
| saw two dollar bill and some other
scrip lying on the ground, and new
looking bill before [ had time to pick
up the money, my brother said, Don't
you shoot looked up and saw Brooks
pointing pistol at my brothers head
said, You better not shoot )" he drew
his pistol down on me and fired he
wheeled and fired upon my brother, shoot
ing him down Orme kept saying, "Shoot
them both down" said so before Brooks
shot; my brother fell then walked
across the road with my hand on my
wound, supposing | was shot through
made several steps across the opposite
side of the road heard one of them
coming behind me | turned around and
saw Orme coming towards me with pis-
tol drawn; turned:round and lodging,
the bullet grazing my head, as | think !;
Il grabbed him around the arms above
the elbow, and tripped him down, or partly
down, aud in our scuffie he shot several
shots at me; don't know how many think
his shots went over my head he then
called to Brooks to come and help him !;
Brooks then came and struck me several
blows across the face | still held fast to
the one had hold of aud he said to
Brooks, ''Take stone and knock his G.
ID ID brains out )" he then gota stone
and struck me several blows then had
to give way my hold aud fell to the
ground as soon as | fell to the ground
they took their carpet-bag and ran down