The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-09-14


secrecy about it; think it was near o'clock
u shaved his entire face; he stopped no longer
than shaved him.
Thomas Close sworn--I reside 51S Enterprise
street am waterman; had a load of water
melons at Arch street wharf last Monday: left
Arch street at IL o'clock and went to Front and
race; went on the east side of Trout and met
Hamilton one-tbird of the way from Arch to
race street with some other man; 1 spoke to
hamilton; have known him ten or twelve years;
weDt to Race street and stayed ten or fifteen
minutes; man came after me and started
down Front to Arch on the lower side: saw
Hamilton on the upper side; he and another
man were talking; he was opposite where saw
hlm when was going up; don't know the man
he was talking with suppose | saw him last ten
or fifteen minutes from when l first saw him: |
thought his right eye was little black, or that
he had cigar ashes on it; there was nothing i'm
his manner or in the way he carried his head
that attracted my attention.
Cross-eXamined by Mr.. Cassidy know
Hamilton very well; am on good terms with him
and his family; l made no exclamation what
ought TO be done with him to Mr.. Taylor; fix
the day by having to meet friend: / was not
arrested that day; Mr.. Webb, who is in Alder
man Beitler's Office, had subpoena for me, and
invited me to come to the Office next day: the
friend was to meet don't feel inclined to tell
the name of.
Mr.. Cassidy-Dont tell the name. Did you
meet the friend?
Mr.. Close-Yes, and walked up TO Front and
Vine with him; | am not in custody now: when
leave here | will go home: am under bail in
another matter.
Mr.. Cassidy-That is all.
MIR. Close-You took good deal of pains TO
show something up; somebody might be telling
you something.
Mr.. Cassidy--Any more witnesses like this?
Francis Kimball sworn-I reside at No 1894
Hanover street; am u drayman, and stand at
Front and Arch; / saw q man called Hamilton
on Saturday morning: some one said, "There
goes Hamilton;" this man l saw had nous
taches; can't tell if this is the man; this was on
Front street. above Arch; he was going down
Front street.
| No cress-eXamination.
Daniel Tolbert was called, and passed from
mouth to mouth towards the door and around
the room, by the officials, until it got to be ol
| bert, Robert, Lolbert, and various other things
| No response.
Andrew Grear was called and no response.
Alderman Kerr feel it my duty to post
! pone this case, and do so very reluctantly, too
| have another case on hand that must be at
| tended to.
Mr.. Cassidy-We were here at 2 o'clock. and
| no one was in attendance on the part of the
| Government until after 3. The Commonwealth
were not ready ut the first hearing, and they are
! not ready now. If this case is postponed for
| further hearing 1t will be violation not only Of
the case but OF the law. l protest against it.
Mr.. Hagert-Other witnesses have been under
a private examination since II A. NJ, and by
| some mistake or accident are not here. 1t is
| impossible to close this this afternoon; be-
sides, Mr.. Brooks is in that condition which
| renders it impossible to take his testimony. An
| attempt to do so might result fatally.
| Mr. Cassidy-A week ago Mr.. Keenan, was
| most unjustly put in prison, without shadow
! OF foundation or warrant against him. Not
upon the oath of any one, nor based upon any
! proceedings. Not witness has appeared against
| him. Postpone this case and it will go on from
| week to week-as DR.. Mitchell says, five or six
weeks. What do you hold Mr.. Keenan, on Let
! us hear the statement of Mr.. Brooks. [ have
| hear md thp lip 1yYny
except few in authority. | know Mr.. Brooks
can't say anything against this man. L protest,
in the name of all law in the land, against this
Mr. Hagert-I suppose your Honor cannot
ans wer this question until you have heard all of
the case. There is other testimony not now
ready to be produced. This is a matter of too
| much importance to be disposed of without
| hearing all the witnesses.
Mr.. Cassidy.-Does not the District Attorney
| owe something to the liberty of the citizen? Is
| he not bound to state that he has either an oath
or an affidavit, or to produce his Witness? Let's
have fair play. Mr. Keenan, courts an investi-
CATION.
Mr.. Hagert.-This application is made pre-
maturely, and is no reply to my application.
Mr.. Cassidy.-Produce your witnesses and we
| will sit until midnight. If you intend further
| hearing we ask that bail be taken.
| Alderman Kerr.-If there are any more wit
| nesses present | will hear them. If not, and the
| Commonwealth satisfies me of due diligence and
the Importance of the witnesses, will continue
| the case.
GrGar, Tolbert, and Patrick Flannery were
| called again, but no response.
Julian Keenan, sworn-I reside at No. 342;
Walnut street; l anu not in the employ of my
father; am in the employ of no one was al
my fathers store last Monday; / opened it with
him at half-past seven, or little later neal
eight o'clock father remained about an hour
and went out about a quarter OF nine o'clock; hC
did not say where he was going or when hC
would retilrn; don't think he said he woulC
return that day; think he came in about clever
o'clock; am not sure, but he didn't stay any time
he left and returned half or three-quarters o
an hour after the shooting; l think Eagan came
with him; about dozen gentlemen were there
aud my father commenced talking to them; Mr.
Eagan was there twice before that day; don
know his business; he inquired for my brother
| / told Mr.. Eagau about the pistols in tht
desk and he said they ought to be taken away
or they should not remain there, or something
| like that; believe he took them he took then
out of the desk, but ! don't know whether IN
took them out of the store; | was there whel
Mr.. Brooks came in; there was no one in thu
store but me; judge 1t was a quarter or twenty
minutes after twelve; ] was'in the private oiiic
reading; Mr.. Brooks inquired for the book
gave him the book in the desk my father left 70
him: il was wholesale dealers book; it con
tanned an account of sales, | believe; my fathe
left directions for me to show the book in cas-
he called; Mr.. Brooks called Saturday, but dit
not know where the book was; told him
would tell father when he came in; don't know
that he had been there more than once befor
for the book; / told father Mr.. Brooks wante
the book, and that he would call agan b
showed me where the book was on Monday ant
said if Mr. Brooks called give it to him; don
know for what purpose he desired to eXau
inc it; | showed him the book, and he went T.
the desk on the right-hand side going into tn
office: while he was examining the book ! wa
reading: three men came in, and | left the pri
nflio IA xuh NJ