The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-01-19
case. The question is who killed James Par


the mountain he labored and brought forth
the mouse 1 have been taught lessons i'm
human economy, I have too much respect for
my health, and know too well that your
Honor knows what the law is and therefore
do not propose TO say anything about 1t
he O.
Mr., Brumm wanted the Commonwealth to
make an opening before the jury to let the
defense know what was claimed, but District
Attorney Ryan answered 1--WE will have
but one speech to make The District At
torney, believing the Commonwealth inter
ests will be properly protected and that none
Of the rights Of the defendant will be in
friuged upon has consented to allow Mr.
Whitehouse to close the argument for the
Commonwealth.
Quite a discussion followed and finally Mr.
Brumm made formal offer as follows: 1t
being the duty Of the Commonwealth, as well
as its privilege to open and close the case,
we now ask the court to direct that the Com
monweslth open its case to this jury, so as to
enable the defense to reply after knowing the
position taken by the Commonwealth on the
testimony and facts upon which they rely for
a conviction under this Indictment"
The conrt declined to grant the request aud
gave Mr Brumm an exception.
Mr.. BRUMM
then proceeded to address the jury He
said there is a silver lining to every cloud
Briggs and al near aud dear TO him have
been under cloud for q long time, but the
cloud is passing away and has been passing
almost from the time the first witness took
the stand and the silver lining is appearing.
Courts Of justice are established that justice
may be done, and that j stice will always be
done according to law in this great Repubh
can gOvernm mt We know of nothing like
Il saE.
men don't govern, We have no despOtism.
No man, or set of men, no matter how high
or how low he or they may be, can govern
here as men, or can use the law for their
private purposes. On the night that the
butcher Stone, with his lantern in his hand,
in the borough of Gubertou, was tearing up
the track OF the Schuylkill Traction Com
pany, all through that terrible night, and the
succeeding months as shown by WITNESSES on
the stand, the people Of the Borough Of
Gilberton were looking for revenge. The
testimony shows it in tho TACT that they
recited their little piece in this case ss though
they had it written down and learned by
heart. They showed it by their contradict
ions 10 Igierial u.stters End they developed
the fact that they had learned - lesson &
recite before this jury. They showed 1t in
that those that were examined before the
Coroner told entirely different stories o. whaN
they did here The Borough OF GilbertOI
showed il by it's officials as shown
10y getting an armed band not with arms
open aud above board in the bright daylight
but with concealed deadly weapons, on th,
scene that night for the purpose Of com
mittiug violence and breaking the laws o.
this land. They showed it by paying the
ordinary day lsborer So for doing from 4 to
hours work and calling that two shifts
They showed iC by paying at least one mar
s. tor merely drawing his pay, paying hin
95 for from 4 to 8 hours laborers work
they showed it by bringing this prosecuti. ii
against his poor man. They showed it by
employing three Of tho ablest counsel st thil
bar whose services cannot be had for
bagatelle. They showed it by hunting ia
the highways and byWays for witnesses
| They showed it when they hired private
men to guard the viol2tors OF the law and
shoot down citizens, aud did not let the
constable of the borough or the High Con
stable, know anything about TO- They showed
it when the fact came out Larry Keating
who was there on thai night, participating Ia
that riot, and grabbed the guns from Gillespie
was the man w. no shot Dick Amour and
failed to put him ON the witness stand suC
bring him before his jury. Revenge il what
they want and il is shown by the fact thai
not man of Gilberton who was there, in al
this bloody afiay, has been arrested, not ever
for carrying concealed deadly weapons Thu
jury is not here to crafty that revenge
You are not here to please the people Of Gil
hertOn, but you are here 10 do your duty ~
twelve intelligent men who have the mos
solemn duty that any government OF men
can give to other men. You are here {,
decide whether this man Briggs, this father
and son, is a murderer or whether he 10 an
innocent man. That ID all Nothing else
Mr. Brumm then referred again to Mr
WadliuRer's lengthy discussion Of law, sspeC
tally when he said that the law on homicide
was 30 plain, clear and distinct that She who
runs may read" "Aud yet said Mt Brumm
though 10 is so plain that the most ordinary
layman can understand it, he worked three
hours and halfto get our honorable judge
To- understand 10. II is "a matter you cannot
understand by trial of this kind and am
not going to allow them throw bosh in my
eyes and get me OF the point in thi.
case or bring half the library here and till
that table with IL, and get away from the
right point into the cracks and meshes oil
played out authorities. In the natural couH,
of events the law keeps pace with progres.
and his Honor will give you the decisions o.
to day.
The will governs the eye and the most
honest men will tell different stories ON very
important points ! don't charge these pe0-
pie from Gilberton with perjury, or say ans
of them have sworn TO a lie. i only say they
were governed by their Will-they wan
revenge, which is one ofthe strongest passions
IN the human heart. Most of these
people thought they we're telling the truth
but they were mistaken. Not one Witues,
from Giberton knew that there was sbo
fired that night, excepting those that samI
out Of the dinkey There is evidence her,
just as clear as that you are sitting in thai
Jury box that shots were fred into the out
side Of the dinkey. The evidence is in tn,
marks on the dinkey, in the wounds o.
Amour, in the wounds Of Briggs, in The marki
boa prevethan's house. They saw no stones
thrown and yet the reelection of the cleaI
light Of dsy in these photographs show tn,
marks of both stones and bullets. You ar,
not TO be guided by the number of witnesses
who have been before you, but by tho proof
and that you must take from the evidmo,
before you. 10 is a true saying that it 4
better that 80 guilty ones shall escape than
chat one innocent one should suffer and /
still holds good In the old Keystone state
Continued on fourth Pags)