New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-05-06
SHORTS TRIAL BEGUN.
r,p rv,pENcE FOR THE STATE.

T..atfaQ
- 20 Tho Court of Oyer and Terminer. 'u .heir
prnt had lust taken his seat the jurors placed
n,aces Charles W. Brooke ana FRAN snort close
,haus selves at the lawyers taoie r,eIows with
s.n,rd them Assistant DstrictA.'oss 800 appeared
beaming face full OF the majesty If Justice fell into
- .ha scene and the machinery en-, was guilty
pn '"o ..,,,. whether Richaru onoA' " s,..
MOTION " " a., .,rsr degree in assains C"p'a a.
,,.,an vim intent to Kill, on 1au""'
,r.,u,a, O'Donovan Rosa ONCE ,s. and tho
tn o,,ce we're in full force in the eorri"oiS' anD
-. ro,. was kent from being overcrowded- 0"p."n
eou,' "a hts ten-years-old son Bob" appeareo AZ
-, Co., ,he first time and took seats IN the mcios"o "
- rt,oas left near the jury-box. Mr. FeiowsPlouip'y
ooed the case Thomas Phelan, he saiu ieS-u. -, .
,t,ssouri ON the afternoon OF January o. eh'eiu ~
oace a. Rosa and there Short inflicted tweiVe
,souud. upon him, beginning with bis arms WIZ
evident intent OF disabling him. snort eu up 'o 80
but was taken into custody. When short was
o., ,, IN the street Phelan identified the prisoner WIN
plstsl shot, which failed to kill Mr.. feiow' 80 49,
,ated bringing into the court room the Questions "
rslig,on and secret societies. Short shouiu ue Sio
,ha cueston alone whether he had vioia'ea INC laws
be state. Mr.. Fellows emphasized MS rei"iA -
srndishing the tennch dagger which Short haa Garrett
al, observe said he to the jury. "that some
-, a,d ,eu cord Is wound around the handle OF TINS
s,rt The weapon is new and could have been carrieu
Cor only one purpose; the cord would proven. ~ i'm
.nning The character OF this instrument anu uo
,,tached TO it, together with other circumstance, GA
Int 20 the conclusion OF assault in the frst degree
pom " pho,a, WIS called TO the stand. He was
s IN dark business suit carried his oyercoat over
~, le arm mad his hair well brushed up from MS prov
nd wore Quiet but determined look Hiseyes oiiAeu
viyorously Short regarded him askanee aV h's' oN
aualy looked him full In the face The captain"
the compliment Phean narrated the =.
the assault and identified Short Us hi0 aSs"'""''
then said: ~. possa
was not ill., Kearney said Sit down and walt Tho raom
"Rocky Mountain O'Bren VINO . nsa e"' I'm with
dagger raised and made unge at my eiS fc over
grabbed at him aud ne STa with him again the others dis
snnsard one by one We then fought our way o
stairs anu S Sao hs stabbed me" received nine sabs
AMI three cuts was nine weeks In the hospi'aL
Mr. Fellows held up the dagger he had brought ih'o
court and said Is that the knife y Pheiah c0uu '
swcar that Il was it was like the one used -.
a. reI,ows-. Was the handle wound with twine
n,r Rrooke objected vigorously, but was overruieo anu
Phean said: ut was" Phelan said that Wnen onol'
was taken to him for Identification, ne Uhe "i'hoSa %
claimed: eff am to die win die ike man ho
than "took out small pistol and shot NJ snort po"e
Crosse xanned by Mr. Brooke Phelan gave an account
=, HE arrival in this city at noon OF the u"y oi
which he was assaulted. From the Continental ho'oi No
want IN Ed nKearney drinking placein Twentyh'n'
Al, He had seen Kearney in England Ireland oco'anu
and Holland He knew him well and thep reia'oh naU
been friendly When he went to Rossas ne hao Poou
book handkerchief, pistol and some greenpScAs o
carried the pistol in his hip pocket a. Mccartney e,
made no remark hostile Rosa The witnesses oeos ~
coming 70 this city was to explain an interview IN ire
Kansas City Journal and to see his kinsiok'
q INV Mt Brooke)-And where were you to explain lne
interviews AT Rossas Gcs; % sbs matter to Rosa
or "the squealers" who were 30 ois'uiD'u o''' WV
terview. ,,o, ,rota the ex-
PLANTATION. A.-No, sir -, hr ., borroU IL 2
wa nr aid y0 Srd set I 9Rg Pis' Boy
ODD YOU bring your little boy along to prove thisi
AENo cir his coming had nothing TO DO WIN 'as e
Q.-Was your language about Rosa a. mia d Is
heref A.-Milder. and s.v Won
onS ~ IFS ONCE and IL be said anything TO yon
You would blow the bowels out OF MIN a. ""PA"''
osDd YOU drink anything before going there Al .,
Only glass of sour beer at Rya ms nsto from my hip
to the side pocket of my sack coat
The w,,ness stated that he had sent money to Rossa
for subscriptions aud for "the resources OF cV'haoh
He arranged to meet Kearney on the other slde ia
Nav 1888 purely as friendly matter" Being pressed
he admitted that he was to give Kearney some iuhus
Afr Fellows efectuay objected 10 this European excur
sion "a mraaerial Phelan returned to this country I'd
September, 1883. diagram OF Rossas oen' "iso
enough to cover three urymen. was passed arounu INC
box and then Captain PhelaD swore that he ala ho'
know, when he was going to Rcssa's once ~hether
MS pistoi was loaded. lie had doubt as to whether
the interview published IN Rossas paper was tue one
Leid with himself he had doubt about any tns PUP PUP
Bshed nv RosSa The only in Rossas olncc win
Fesrney when Phelan entered Il was man sittng OPP
posite tbs door and man In the inside oihge tnean
denied that ne had been dismissed from the Masngon
malice force for cause He saw the charges htst IN
kossa's paper. He not pistol expert ont nsa
carried pistol wherever he went
Q.-Gota pistol now A-fes SIT.
Justice Van BruntI shall clear the room II there are
any more demonstrations
Mr. Brooke wanted to the pistols Captain Pheian
rose carefully took revolver OF 44cabre from his left
inside coat pocket another from his hppocket turned
10 his chair and and released third from his overcoa
and punched them all In his two hands He held
sfull hand He then deposited them on the Justices
desk.
o-Any more 7 Al guess that's enough for present
Q.~Csrry knife A pocket knife No, ! never
persuaded Wild Bill TO settle another man Tor me-
Mr. FeIlows-Mr. Pheian have you permit to 90
arncdi Al have.
Arecess was taken and Phelan put all bis pistols In
order and went out for luncheon while General Daniel
T. siekIes watched him with great interest
After recess Mr. Brooke tried once more TO find out
Captain Phelans sentiments regarding Rosa on Jan
uary o. with little result also his previous knowledge OF
Short He had met Short before at Kearney's Mr.
Phelan knew Walter j. Elliott.
Q-Did you ever cay TO him that you would get even
with Rosa yeti A. with emphasis on every world
Mr. Fe!lows-Can you show us the wounds IN your
anal Al shall have TO take of my shirt TO do that
Captain Phelan went behind the jurybox and soon re-
appeared barred to the waist. He showed four scars
Just below the left shoulder the scar OF long tlash on
the breast and the OF -four ugly cuts on the right
arm two inches from the shoulder. The witness was
then excused.
John Mcleod Murphy fireman OF engine No 2, testi-
fed 10 summoning the ambulance which carried Captain
Pbean the hospital While he was sending the call.
be heard pistolshot lie received watch from Cap
tain Phalan.
tai. who went with the anbnanc, said that he found
Captain Phelan lying with his head against telegraph
pole suffering from shock, compound fracture OF the
left accompanied with incisea wound two in
eised and one puactured wound the left three
cuts fl the back the breast and four on the head
Short listened intsnty to this testimony with con-
tented look
DR. Moore who Phelan at the hospital ties.
titled that Phclan patient there until February g.
George W. McAdam, lawyer; testified that he was