Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-05-19

Baltimore on the charge Of murder.
NOT GUILTY.
The prisoner having been arraigued
for feloniously shooting and woundng
Sergeant Il. j. Brooks, pleaded mot
guilty"
THE JURY EMPANELLED.
The Clerk proceeded to call the jury.
Henry Holzgrief was asked by the
Court if he had formed or expressed an
opinion. Mr.. Holzgrief said that he
had read the accounts published in the
newspapers, and had formed and ex-
pressed an opinion. lie was told to
stand aside.
Mr.. II. w. Rountree said that he
had read the papers, but could give the
prisoner fair trial.
He was accepted, as was also Charles
". Johnson.
G. F. Cross had formed an opinion.
lie was told to stand aside.
Il. A. Harris (colored), W. II. Klein
ingham, and j. =. Swords were accept
ed Norton Il. Savage had formed a
decided opinion; he was told to stand
aside. Jacob Lange, K. NJ. Bridges,
Charles Spencer, and S. n. Davis were
accepted. j. NJ. Wertheimer, having a
decided opinion, was told to stand
aside.
NJ. s. Leidy and William Bell were
accepted. Samuel Powers had formed
no opinion, but was prejudiced against
the prisoner; rejected. W. j. Peyton,
g. w. Duke, G.. W. Foster, and +. d.
Williams were accepted. w. II.
White (colored), Samuel Cohen, and 4.
L. Stone had formed opinions, and were
told to stand aside. Charles Griffith
was accepted.
The list having been completed, the
book was handed to Mr.. Allan, counsel
for the defence, who struck Off the fol-
lowing names: X. 81. Bridges, N. S.
Leidy, William Bell, and Charles Grif-
fifth.
THE JURY.
The following twelve jurors were Sc
lected to try the case ii. W. Rountree,
c. W. johnson, b. A. Harris, w. II.
Keiningham, Joseph p. Swords, Jacob
Lange, Charles Spencer, S. n. Davis,
W. j. Peyton, G. w. Duke, G. w.
Foster, F. ID. Williams.
The witnesses were called up to the
Clerks desk, and, after having been
sworn, were sent out Of the courtroom,
except Mr.. Hermann Schmidt, who
was the first witness examined.
MIR. SCHMIDT.
Mr.. Meredith Where is your store,
Mr.. Schmidt?
Mr.. Schmidt At the northeast cor
ner Of Fifth and Broad streets.
Mr.. Meredith: Has this store OF
yours been broken into Late
Zone moment, Mr.. Meredith" in
terjected Mr.. Allan; 81 object.
would like for the jury to be taken
OUT" Which was done.
Mr.. Meredith said the accused is
charged with shooting Mr.. Brooks, and
that Mr.. Brooks was shot in attempt
ing to arrest the prisoner for breaking
into the store of Mr.. Schmidt, and we
want to prove that fact that in order
TO make the arrest Of the prisoner by
Brooks legal it is necessary to show
that Mr.. Schmidt's store had been
broken into, and that Brooks knew, or
had cause to believe, that felony had |
been committed by the accused, and |
that the arrest of THE prisoner withouta
warrant was legal.
Mr.. Allan in reply claimed that there
is an indictment now pending against
the accused for breaking into Mr..
Schmidt's store, and he did not think |
it was proper TO introduce testimony |
before the jury in this case to show that
the store had been entered.
The Court decided that it was not
proper at this stage Of the case to in
sroduce that testimony.
Mr.. Schmidt was accordingly told to
stand aside, and the jury was brought
back.
SERGEANT BROOKS.
Sergeant Robert j. Brooks was next
called to the stand.
Mr.. Meredith What is your posi-
ton?
Sergeant Brooks: am a sergeant
Of the police force of the city Of Rich
mond.
Mr.. Meredith: Did you ever see the
prisoner before?
Sergeant Brooks: Yes, sir A; at the
Union depot.
Mr.. Meredith When? Tell all that
you know about the case.
Sergeant Brooks On Thursday night
the 10th Of March il came to my know
ledge that Mr. Hermann Schmidts
store
"Stop there" interrupted Mr.. Allan;
" state only what you know, not what
you have heard"
Sergeant Brooks continued; was
standing at the corner Of Third and
Broad streets; heard q policeman's
rap. Going down the street, at the cor
ner Of Fifth and Broad found Kicker
and Sweeny. We then made a search
knu deCoIthiheo bAot tho btOfe OF DIR. |
Schmidt had been broken into and
found that sn attempt had been made to
blow open the safe. saw that the
rear door Of the store had holes bored
Ia II, and in the door IN aperture had
been made large enough for q hand TO
bs put in and turn the key from the
inside. The iron bar Of the door was
down and the door unlocked. Inside
vas fonnd q BIT and q sledgehammer.
We went to the safe and found that
here were two holes drilled in 1t, aud
hey contained q substance similar To
vhIte SCOT. We struck 6 match and
pplied 1t TO the white substance on the I
loor and II famed up like powder. J