The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-09-14
THE BROOKS CASE.
Inc second Hearing of those Accused OF Com
pllcity In the Assault. = ~

the hearing of the parties charged with com
Rncity In the attempted assassination of Revenue
Detectlve James j. Brooks The Common
wealths officers, however, did not appear until
past o'clock, much to the chagrin of the coun-
sci for the prisoners and disgust of the large
crowd in attendance.
John A. keenan,, Thomas r. Eagan. John s.
stockton, and Robert Hamilton were brought up
from prison, and placed at the bar of the court
Their counsel Messrs. j. G. Brinckley l.. G..
Cassidy, j. p. ONeill, and William B. Mann
Assistant District Attorney H. s. Hagert and
United States Attorney j. X. Valentine appeared
for the Commonwealth.
Mr.. Hagert held n qure so of paper, show
ing that he had already examined the witnesses
and he conducted the examination. District
Attorney +. Sheppard United States District
Attorney Aubrey Smith, and Mayor Fox came in
during the hearing.
The following evidence was elicited-
5. Weir Mitchell, M. D., sworn--I have been
in attendance on j. j. Brooks l visited him an
hour and half ago; he is doing very well;
think him still in very dangerous condition;
there is possibility of his being ut deaths door
within any twenty-four hours; still he is doing
WELL
Cross-examined by Mr.. Mann-Hs condition
is improving every day; the time naturally to
give an opinion as to the probability or certainty
of recovery is five or six weeks; up to that time
he runs daily risks; it would not do for him to
be removed in his present condition; he is able
to talk but not to talk much; ut the end of
week, If he continues to improve, he could carry
on q reasonable TALK he remains quietly in bed,
but may be up occasionally for some purpose
exceptionally; see no reason to cause immedi-
ate apprehension of his death; if got sum-
mons he was very ill it would not surprise me.
To Mr.. Brinckley-Seventy-fiv per cent. of
these cases die. Every day gives chance for
his recovery.
Dr. Hunt affrmed-I reside at No 1900 Spruce
street: have also been in attendance on Mr..
Brooks, and | confirm everything Dr. Mitchell
has said: Mr. Brooks is doing remarkably well
for such an injury so far; his life is still in dan
ger; persons have been strictly forbidden to con-
verse with him.
Mr.. Cassidy-You don't allow persons to be
taken there to examine Mr.. Brooks and obtain
his statements in the middle of the night?
Dr.. Hunt-No, sir.
Mr. Cassidy-Such a course would be very i'm
proper. would it not?
DR.. Hunt-Decidedly so.
Mr. Cassidy-I thought so. That will do.
Cornelius Napheys sworn-I do business at
No. 116 \. Front street; on Saturday afternoon a
week ago | saw carriage stop opposite my
stores three men got out and went towards Arch
street; closed the store at o'clock and the
carriage was still there; the driver remained on
the box when the men got out; saw the carriage
again on Monday; got to the store at o'clock
in the morning, and saw the same carriage
on the opposite side of the street, in
front of the intelligence office; the same
driver was with it on Saturday; the car
riage remained there all the morning; be-
tween IL and l O'Clock It stood in front
of our door; young man was with the
driver when it was on the opposite side; our
No. 112; saw the driver of the carriage get
down, open the door of the carriage, take the
rens and whip, get on the carriage and watch
Mr.. Keenans store; saw three men run out of
Mr.. Keenan's store Mr.. Brooks few feet be-
hind them: as soon the first man entered the
carriage the driver struck the horses and the
other two men had to run and jump in the car
riape: they ran as far as the store next door,
did not know the three men: the third man had
a cap on, and wore red moustache; did not
notice any other beard; the carriage drove up
Front street, and Mr.. Brooks ran after 1t.
No cross-eXamination.
At this point Colonel Mann became sick from
the oppressive effect OF the air, and had to seek
window.
Margaret Melacl<en sworn-I live at No. 267
North Front street, saw carriage between
1O5 and II o'clock on Monday, ut Front and
Vine streets; it was driven there and stopped;
the driver and another man were about the car
riage: the other man came after the carriage
stopped; the driver and him had some converse
tion inside the carriage; they got out of the
carriage and heard one say, Il guess the folks
will not cOme;" they drove down Front street,
below Race: the man told the driver where to
stop; the horses were dark is all L noticed OF
them.
Cross-eyamined by Mr.. Cassidy-This was
1015 or II O'Clock; it stood in Front street, op
poste our window; was on the same side of
the street as the carriage; l was at the front
window, and it was at the curbstone; a man got
from the box, and the two stood talking; never
saw the carriage before or since to know 1t; my
house is the second door below Vine street; the
man WAS III uaIh ClObHCSi OnC l''u Ou Il ulS5h ui
"a black silk hat-and the other low one; the
man looking in my place drew my attention tC
him; don't know if it was an old carriage or O
new one.
Mr. Napheys recalled, and Hamilton directed
to stand up-That looks very much like the
man about the carriage, but won't swear tC
him; think the man first in the carriage had
small black moustache; he was about Hamilton
height, think.
Cross-examined by EMr. Cassidy-Dd not no
tce the mans height, weight, or breadth die
not measure him; did not pay much attention t'
him; cannot give correct height OF the nal
without looking at the height of another man
don't know if he was five feet four or five fee
ten, or weighed 130 or $50 pounds.
w. II. III. Taylor sworn-I do business at No
131 North Front; met Hamilton last Monda.
morning between and o'clock; was cominl
across Front street from Eltreth's alley and thu
first person met was Hamilton; l spoke to hin
and we had conversation; j have known hin
from childhood; can't tell where he went whel
left him left him at our door; saw hin
again in n half or three quarters OF an hou
after that; was going down Front to Arc
street on the east side; just before got to Arcl
/ met Hamilton; he said Good morning
Barry;" | said "Good morning. and wen
on as had no time to stop and talk; went Z
Gaskill street and remained until 1214 O'Clock
| came up Front street on the west side Il
our store and crossed at Napheys'; l noticed
carriage at that time as / was going across tn
street the driver jumped down and opened tn
door; / went to our Office and got pitcher TO Z
for water, and came out and saw large crow
at Elfreth's alley; the carriage was gone say
keenan, half or three-qLarters of an hour afte
the shooting, either above or below Arch, /
Front street; met him. joined him, and went t
Martins store: | came back with him, and lei