Daily Republican., 1878-12-07


who took Brown and myself and til
other officers to the spot Of the dsaste
where he placed the tie minutel,
described by the prisoner,
Cross examined Have been In tn,
employ Of Railroad some % years an,
have been some 30 years in the polo
business. 1t is special object OF til,
profession to study mems Characters
: The face of the prisoner showed no eyi
dence OF man who was villain.
! TWhile the Witness was upon tho
stand Harley Brown sat in the docl
with his head IN his hands and a mos
:, agoni1ed expression on his face. Hi
eyes were hlled with tears and ever
and anon his whole frame seemed {,
shake with the burden nf sab4 he vain
ly endeapored to suppress, The tear
could be seen trickling down his fac,
and every few minutes he would ap
ply a han kerchief which he had il
his hand.
Mr. William Legg, recalled, testified
that upon arriving at the scent Of th,
accident with the jury he got out Of the
car and took the tie and showed how il
vas placed on the track remember the
I Attorney Generai who was present eau
tl0nnE Brown not to make any state.
meUt unless he did 80 freely and vii
Ijngly, Brown stated that br had gotten
the tie out and thrown It aside bnt
with one end still on thr track When
he got itout he started to run to signal
iue tram which he heard coming. he
Hti jef}sei out the cross tie and threw
ii tareIr7slY aside with ont end on the
rail. have the IT, now and it contains
marks a- if the eow catcher was Just
high enough to ride over il,
Cross r>amlnul When he heard
the whistle blow Brown said he Wa
+ temUiy excited, he might have said
that he Thought he threw It clear off
the track.
i smuac Phillips, recalled .-ruy
wrecked train was put oo a# a regular
uin raoniug at tAas baU from gda
.aetHh.4 anil known a. ta- SaH-eruex
Plesa. u September ts1G.
br Howard p.. >w5n IL. na.
t.lcl upou br tutaoI.e la-- uu the
night Of JBue 2afH, aui tou, unf 20 tine
snnn OF tbe Ii-a,trr aw 1A. naIq of
tua engineer, his wounds w4., .rm-
atant TO produce death.
James q roole -Hwa ,---f F. "a Gl6afUr
police Of The city If {FiIntar'o7; r.-
coupauea theiGrv gotha 4auaef tue
wreck. He mace voluntary statements.
remember Brown aging that "h
thought bee had brown the ria caar oil
the track.
Tia" state here nI"sd it4 crse ant
Nj. hara appaamIto. tln let nee.
lie said tU I Inst ad ot lie stIt. Inv .
ing great rime they hal mercy
chaPter Of accidents, "" suaIO l.IE. ia .
the daf"na" 10 great .xfmr, n to ..a
tnt"ut tr throwing this train f..
track; nd it viii nr a lcg.l u.u /
for the court TO charI. you apo. t..
W" viii also rely upon facts .al il a.
character for peace, kiutnr., a.t .Jl +
nafa,t"r that any man m'gua p proud .
OF, We viii then show tp you not that I
Harley &. Brown is a crazy man, don't
mran 70 put it ou that ground, but that /
he was a peculiarly constituted man; .
that there was tuat about his action, .
looks and conduct, that while he NAV
not have been crazy on that nigh. yet
he was not like you or |; that there
was a Lack Of reason, knowledge and
accountability as to what he was doing
and Its results, we shall have shown
you that this was constitutional de-
ie"t and part Of the mans being. We
shall show that in 1865 his head was
smashed between two cars in railroad
accident; in 1873 he was sunstruck and
had it not been for the Kindness of
friends Ire would not have fouovrred
afterwards he was hurt when he went
to Maine, by the falling Of tree again
on the head: that h" hat been uusuc-
'ul in making living: that these
things combined to render his mind
Ike that Of u child unaccountable for
us actions.
From these facts we shall show you
hat Brown was not Mairiousiy and ,
"iIinIly gniItyof murdrron that night;
hat lac did not place that tie on that /
rack with the intent to murder. This o.,
nan 5 life Is on your hands and we ex- -
'ecJ from you a just verdict; that you
Ill true deIivcrancc make between r
i'm and the state Of Delaware. 1
VIM Y. Swiggrtt, Edward Lewis. .,
'"niamjn Y. Bye, J, NJ. Wise, Jr., Jas. r
|. Carver Samuel G.. Ryan, VIM. II. ii
urry, Thomas Breeding and great II
umber Of others who testified to the ~,
good character Of the ~,
risoner up to the lime OF his leaving "
N Maine three years ago. H.
Mr.. kmbalI Eastman, sworn:--Am Il
postmaster Of West iorham, Maine tc
now Harley Brown, first became ac HI
uainted with him about Is years ago Iii
| Maine: his reputation there was st
cry good. ro
Charles L. Sherburn recalled: testi. hi
ed thatin 1865 Brown was hurt at the
mai bridge by being knocked off the of
ain; he had his shoulder hurt and be
AS stunned; we took him to Middle NJ
wn; he was conscious; thought he had ev
zen hurt about the head don't know fin
Nv long it disabled him. 81,
Cross examined; He was sensible;
terwards resumed work on the train in til
g same capacity. tir
David King, sworn: Set up with bi
own; he was cut about the head he Cl
rs fiighty during the night. aft
Samuel Hitch sworn: Brown was off bl,
'out six weeks after being hurt. wi
Samuel Townsend, affirmed: Knew he
trley Brown had a sunstroke, it was wo
lgust Goth, 1873; during the wash rir
7av of the railroad; he was carrying ISL
ggage down the road and when oppo