The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-08-12
THE. sCArFoL.D.
Hanging a Murderer in Penn
sylvania.
History Of the Crime and the
CRIMINAL.
REVOLVING SCF,AES ON THE SCAFF0lD.


sRoUDsBURs, Pa, August II, 1869.
Charles Orm'I was to-day hung at this place forthe
murder Of tt .eodore BrodAead at the Delaware Gap
In Monroe ,0unty, about ten months ago.
THE MURDER.
On the a5th OF September last two Young men very
shabblly dressed who were afterwards ascertaned
70 DO v<iliam Brooks and Charles Orme, entered the
Bratr erd House, a hotel Kept by Thomas Brodhead,
Ur/6ther OF Theodore Brodhead, in the village OF
DAtoesburg They called for some liquor at the bar,
md remained Ia the house for over quarter OF an
hour, during which time they took several drinks.
Hannah NJ. Brodhead. wife OF Thomas Brodhead,
who had served the liquor out to them, had occasion
70 leave the barroom while the two men, as well as
several other persons were in the place On return
ing shortly afterwards she discovered that they had
Jeff, and that the bar had been broken open and
frem six to ten dollars taken out Of the drawer.
sne Immediately sent for Theodore Brodhead and
Informed him OF what had occurred. He at once
started for the railroad station about quarter OF
mile nom the Brainerd House, where he supposed
the defendents mad gone. Thomas Brodhead
was also informed OF the larceny Of the
money from his bar, and he too started out In pur-
suit OF the men, and while on his way met his
brother, who had left the hoel ahead OF him. on
the road they were Informed that the men had not
down the public highway leading from the village
OF Dutotsburg through the Delaware Gap, where
upon they returned TO the main road and followed
on in the direction they told the men had taken.
After proceeding about half mile they caught sight
Of Brooks ana 0rme going down the road about one
hundred yards ahead OF them. The Brodheads i'm
Mediately started on q run after them-Thomas a
little In advance of his brother He reached the
fugitives first, and told them that he wanted them
TO return as he suspected them Of having robbed
the bar OF the Brainerd House. Brooks at first ex.
pressed willingness TO 60 back, but Orme refused.
Thomas Brodhead then walked up to orme and said
putting his hand on his shoulder, "You must go
back" The two men stepped back at this and, as
they did SO, Brooks put his hand in his pocket and
drew out some money, which he apparently attempt
Cd 70 throw over stone wall which was near him.
ny tnis time iheoaore BIodbead mad come up, when
ACT OF picking up the money which Brooks had
thrown on the ground he heard Theodore cry out,
"Don't you shoot" On looking up ne saw Brooks
pointing pistol at his brothers. head. Thomas then
exclaimed, "You had better not shoot when Brooks
pointed the pistol at him and nred, but fortunately
did not hit him, and Immediately afterwards fired at
Theodore who fell dead at the first shot. According
t0Thomas BrOdheads evidence, when his brother
fell ne walked across the road and while crossing
heard one OF the men coming after him. He turned
round and saw orme have his pistol pointed towards
his head. The pistol went Off and the ball graZed
his forehead. Orme again prepared to shoot when
he grappled with him and held his arms down by
his body by main force and threw him to the ground
During the scuie 0rme fired several shots, throwi ng
up his hand towards his antagonists face at every
barrel was aimed at Brodhead's face. Orme at tins
1uncture called TO Brooks 10 nelp him. when the lat.
with his pistol. Thomas Brodhead's evidence on the
trial. Ia relation to the struggle which ensued, was
IS folows:-l sIi held last to the one had hold OF,
when Orme said TO Brooks. with an oath, take
stone and knock his brains out as quick you CAM;
he Brooks then got stone and hammered me on
the head number OF times; then had TO give way
my mold and fell to the ground: fell they
ran down the road when came TO saw them at the
tiers in my LEFT side coat pocket: the bali went
through my coat through the papers and Just broke
ns i6 ON e Sa e o e
the other parties came there; my face, left side,
cut TO pieces, and think five gashes In my mead;
my cheek bone was Knocked down a little; when
got up went to my brother Theodore to get him up,
and found he was dead and couldn't raise him up;
House as fast as could walk; nv strength finally
gave out, and sat down, and think Edward Brod-
~ ~ THE PURSUIT AND CAPTURE.
As soon as the intelligence Of the encounter OF the
Brodnead Brothers with Brooks and Orme had been
bru1ted about Dutotsbulg party or citizens went
out In pursuit OF the strange men. After tracking
the men through the woods, not far from where the
death OF Theodore Brodhead had occurred, they
found satchel belonging to the murderers, covered
over with leaves, and on opening IT, It was found TO
der nask and some drills Soon afterwards the men
were met on the roadway as II returning 10 the VII
party who went In search Of them, several persons
eudeavored to incite the crowd to chang them and
save the county $4,000 costs, but the Sheriff sue.
ceeded in conducting them safely to JAIL where they
TRIAL AND CONVICTION.
On the 30th OF September, five days after their ar
Sest, the Grand Jury found a true bill against the
prisoners, and on the 2sth OF December following
they arraigned for trial. They severay pleaded
not guilty, and the same day the trial was begun
ON the 31st the jury rendered verdict OF murder In
q @ ON ne % 1nsy
the meantime after the Governor had issued hs war
rant for the execution, the prisoners counsel b.
Storm obtained stay Of proceedings and carried
the case up to the Supreme Court, with the hope
that that tribunal would grant new trial on the
ground that the Brodheads, being private citizens
and having warrants for the arrest Of the prison.
ers, had no right whatever to attempt to take them
into custody and that In shooting Theodore Brol.
head and attacking his brother they had acted In
sefaefence. Judge Strong argued the case Tor the
prisoners but the Supreme Court refused to grant
CONFESSION OF BROOKS AND oRaE.
The day previous to that which had been fixed for
their execution in February, and just after the stay
of proceedings had been granted, a HERALD re.
porter had an interview with Brooks and orrne In
their cell, to whom Orme, IN the presence OF Brooks,
made the following statement
After making some objections to the preIudecs OF
= the jury and OF the community against them, and
complaining of the variance OF the testimony OF
Thomas Brodhead, the brother Of the murdered
and alleging that they were condemned before they
were tried, their trial being mere matter OF form,
the prisoner Orme proceeded
Cured the 18th OF september last ana what part
we acted IN the ARRAY winch resulted In the death Of
TheoQore Brodhead:-On the day OF the occurrence
Brooke and myself went into the barroom OF the
Bralnegt House at Dutotsburg, which kept by
Thomas Brodhead. IL was about half-past eight
O'Clock In the forenoon. We had had two drinks
apiece before we went into the house. There were
twolttle children and the bartender in the room
wherb we entered. We had been there about half an
hour vt being wet morning we went In to walt for
train tme). Early that morning Brooks and myself
got 0nAa coal train on our way from Scranton, but
lhe conductor made us get Of so we walked the rest
OF the way to the Gap. But TO return the barroo
" lille we were In there Young man named David
Frederck,\ and another young man named Dutall
came In, aLQ one OF them asked me to have drink
Wnen both went out. The bartender and the little
children meapwhile went out and leaving Brooks In
the place. whit down about 100 yards Brodhead's
etore to get yiFe. returned and while Brooks
and / were smoking together two men
named Sullivan and Smith came in. They
raped or the counter and when no person came
down stars In answer to the rapping, one OF them