The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-01-04
A JURY EOR BRIGGS
The Girardville Man is Now
on Trial
FULL REPORT OF TIE CASE
The jury Was Completed Yesterday
Afternoon-Mr. Breckons Opens the Case
For the Commonwealth--Two witnesses
Called Before Adjournment of Court
Special to EVENING HERALD.

Special TO EVENING HERALD
PorTsyILLE, Jan. 4.-There was strong
belief last evening that unless the Common
wealth should put forth better evidence than
that ELECTED from the first two witnesses the
charge of murder against John Briggs will
fall fiat before the defense has chance to
open its case.
The testimony thus far adduced through
DR., Enterline and Councilman Stone is by no
means such as will lead twelve jurymen to
the conclusion that any man shall chang by
the neck until he is dead"
Thus far there has been hazy sort of de-
livery on the part of the Commonwealth's
witnesses. After the lawyers and witnesses
are warmed up the aspect may change.
Briggs and Amour met and shook hands
yesterday afternoon in the court room, after
recess, for the first time since the night of
the riot
After recess yesterday afternoon ex.Chief
Burgess James Smith was called as a juror.
Councilmen Brumm objected to the manner
in which the extra iurymen had been drawn.
He claimed the names should have been put
ON slips of paper and then drawn from the
jury wheel.
District Attorney Ryan offered to consent
that the names be put in the wheel.
Judge Weidman directed that the names of
the jurors be written on slips of paper and
then drawn from the wheel, which was done
and the first man called was George Rain, of
POttsville.
In answer to Mr.. Brumm, Clerk of the
Court Shortall stated that the jurors were
drawn by placing twenty slips in the box and
having the name drawn by the Clerk Of the
Court and the Sheriff
Mr.. Brumm said he objected to the special
venire because the residences of the jury
men were not noted ON the list. The
objection was overruled and after Mr..
Brumm's exception had been noted Mr..
Rain was sworn as the twelfth juror
THE CASE OPENS.
The jury having been selected Mr.. Brumm
asked that the court reporter include all the
opening addresse of counsel in his report and
the court so directed.
C. E. Breckons Esq, then opened for the
| Commonwealth. He said the indictment in
the case charged John Briggs with the highest
crime known to man, namely murder! The
murder of one James Parft Under this in
dictment there are several degrees of murder
of which the jury could convict or acquit tn,
| defendant at the bar. The Commonwealth
proposed to leave to his Honor on the beucl
the task of explaining the different degree
Of murder of which, under the Indictment
the jury might find the accused guilty.
Continuing, MIR. Bgeckons said he only pro
posed 10 give the jury the cold and pure facts
as they exist and as the Commonwealth
expected to be able to prove to the jury
The facts, briefly stated, were, Mr.. Breckon
said, that the Schuylkill Traction Company
or at that time known as the Mahanoy City
shenandoah, Girardville and Ashland Stree
Railway Company, operated railroad from
the borough of Shenandoah TO Ashland anC
ont to Locust Dale, and thence eastwardly Il
Mahanoy City. This road passed through
Gilberton. The track WAS laid through thu
borough of Gilberton by and with tn,
consent of the borough authorities o
Gilberton, but on street or a portion
of street which was not granite
by the ordinance. In other words, tn
tracks were occupying a street, or portion 0
a street, in the borough of Gilber:on whic
the ordinance did not give them a right +
occupy This fact was called to the atte1
ton of the railway company on severi
occasions and finally they received fins
notice that unless the track was remove
from that portion of the street the boroug
authorities would remove the track them
selves. The time of the notice was five day
and that time having elapsed, and the electr
railway company having failed or neglecte
to attend to the notice and remove track d
notified by the borough authorities, and aft'
calling a meeting for the purpose, the Counc
decided to remove the track. On the nigl
of August q, 1898, the Borough Council, I'll
Chief Burgess and Supervisor started to II
move that portion of the track. They starie
in about half past five o'clock in the eveniI
and continued until that portion of the trae
p was entirely removed. At about II o'cloc
word having been carried to the railway al
thorites that their track had been torn u
the electric railway employees, or rather thoi
in authority, gathered anumber of men to {
to the East ward of GilbertOn to repair OF n
lay the track. About II o'clock they gather'
five, six or seven atthe outside, repairsme
in their employ, together with three
or four, and possibly i've Others, wi
who were not repairmen, to see that the traC
was laid. At Girardville, where the exp
dition started, three or four rifles we're plac'
on the car by Richard Amour, who cccupi,