The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-01-13

The only material difference in this testi
mony was that the repairmen who got on the
dinkey at Gilberton were threatened with
arrest in case they attempted to relay the
track. He didn't know who fred the first
shot.
THOMAS MARTIN
Recalled He said he only saw Amour and
Briggs on the front platform of the car when
Briggs fired. He didn't see John sweeny
He didn't see Mahony at the time of the
shooting, but saw him have hold Of Briggs
gun. He did not see James Hulihan jump
on the dinkoy, grab for Briggs, or see him
knocked down.
CHARLES BOYLE
Recalled: l never mentioned to anybody
what sweeny told me about the riot
Mr.. Brumm: How did it come that you
were subp@naed2
A. l don't know how it came. That is
what l don't understand l didn't blow
about it. Not id bit
Judge weidman brought his gavel down
with force and gave Boyle strong, but brief
lecture against swearing in court.
The witness then withdrew, morally in
structed, if not improved
JAMES BRENNAN
recalled I was within about Is feet of the
dinkey when Briggs fired the shot. l only
saw Amour and the man who fred the shot
on the platform at the time.
No cross examination.
MICHAEL }. REYNOLDS
recalled l have made a search for an ordi.
nance designating the streets of Gilberton
and can't find any. The electric railway
runs east and west on Main street and near
the east end makes a turn and crosses private
property. 1t then crosses the next street snd
then goes east again towards Mahanoy City.
1t does not take northerly course at any
point.
Mr.. Brunm: Do you know the electric
railway owns that private property2
A. No. sir.
At this point d strict Attorney Ryan offer
ed in evidence the guns, bullets, cartridges,
shells, maps, photographs resolutions and
ordinance books, Parft's coat, Connors' shoe
and other articles which have been in use on
the trial and they were admitted, counsel for
the defense offering no objection.
JAMES j. BRENNAN
recalled by Mr. Ryan.
@ Is Gilberton in schuylkil county,
A. Yes, sir.
Q, The place where this shooting took
place?
A. Yes, sir.
Mr., Whitehouse explained to The reporters
that these questions were brought about by
the fact that they hadn't been asked of any
witness during the trial and, as the prosecu
tion was bound to lay the venue, the ques
tiOns we're very essential points of the case
Ar. Brumm wanted to know why the
Commonwealth had not called Weavill.
Benny, Jones, Dooley, Williams and others
whose names the defense had furnished the
District Attorney and asked that they be
called. He gave notice that he would call
them if the Commonwealth did not.
Messrs. Whitehouse and Ryan answered
that the evidence would be cumulative, that
the District Attorney had done his whole
duty in the case in behalf the Commonwealth
and for those reasons the witnesses would moi
be called That Mr. Brumm could call then
later
Mr.. Brumm asked the court to direct tb,
District Attorney to put the witnesses on th,
stand.
The court declined to do so.
Mr.. Ryan then announced that the Com
monweatlh rested.
MURDER IN THE FIRST DEGREE.
Mr.. Brumm: "What do you ask forP"
Mr.. Ryan Murder in the first degree
MR.. BRUMAr OPENED.
In opening the defense Mr.. Bruiam spok
to the jury for over an hour. He said hi
has been one of the most irksome cases in thi
county. l believe that you believe this ha
been a very monotonous case and you ar
certainly very anxious to 90 to your homet
If there was anything that l could do to re
lieve you instantly would do so. hoped il
the beginning, when l examined this case
that when the Commonwealth would &c
through with their case there would be bu
very little for the defense to do OF offer, an
as the case progressed / felt more certain {
that. To-day thought that the Common
wealth would say that "all We ask in thi
case on the evidence introduced by the Com
monwealth is manslaughter, but it just show
now widely we differ in our views I fe
that was all they could ask in justice and it
all they should ask for under their test
mony, and yet we are confronted with whs
seems to me the astonishing fact that tho
are asking twelve intelligent men to convi,
that man of murder in the first degree.
At this point the prisoners wife, mothe
father and sister, almost simultaneously bur
into tears
Mr., Brumm continued by saying that i
civil suits for damages lawyers go hig
enough in their demands to come dow
to what they want They claim 81 600 an
then drop down until they are frequentl
glad TO take FIVE dollars Very few peop