The sun., 1897-05-16
SAVED BY ENGLAND'S SEAL.
A CURIOUS INCIDENT OF a TRIAL
FOR MURDER IN THIS CITY.

|
ono or Charles w. Brooke's Last stories OF
His Court Experiences with Col Fellows
| The KiIiipE or Pheinn By Richard short and
the way shorts Acauittni was Accom- piished
| The late Charles w. Brooke nevcr told point
| less story, and his intimate friends never knew
| him to tell an old one. Tho last time that he
was In New York, before he was stricken with
the disease that killed him, he sat in his Office at
| 90 Nassau street talking to n few friends Tho
| conversation turned upon the life and work Of
| the late John II. Fellows, with whom Mr.. Brooke
| was intimately associated. either as law part
| ner or as the defender OF men and women whom
| Fellows prosecuted. from the time Brooke moved
| from Philadelphia to New York.
"What do YOU consider the most remarkable
| case In which you and Fellows were the opposing
| attorneys, Mr. Brooke" ask one of those who
sat about tho big mahogany desk In Mr.. Brooke's
| private Office.
Everything considered, guess the Short
case was as remarkable as any. Richard Short,
| a butcher, stabbed mortally Capt. Thomas
Phelan ut the time Superintendent OF the Kan
sas City Workhouse. In the Kansas CITY Jour
nal Of Doc 81. 1884, an interview with Phelan
was published, in which ho gave away the plot
which failed to blow up the steamship Queen in
the harbor of Liverpool some time before. He
gave the names of number of Irish Nationalists
u
implicated in the plot.
"The publication Of the interview made tho
Irish Nationalsts all over the country hot under
the collar. Phelan came to New York u short
time afterward got into a fight with Short in
O'Donovan Rossa's office, and the knitting fol.
lowed. Phelan claimed that he was lured to
New York to be murdcHed Our contention was
self-defence, and tho jury made good our claim
by acqutting Short on May z, 1885, after q
trial that lasted q week.
THE most interesting feature Of that trial.
though, was ono the public has never known
anything about. On tho day the trial began, a
man named Joyce who was chiefly instrumental
In raising the money with. which to defend
Short, came to me and said there was young
Irish barrister In the court room. who had re-
Gently come to the states. and, possibly, might be
I'm momen. or two, young Irishman with
high brow and wonderfully intellectual face
was brought up. He had the look and the bear
ing of a gentleman and a smile that would win
ever @ heard. the young m Irshman ia' said: '''su'
"' Faith! and I'm delighted to meet you. Mr..
Brooke, It's little assistanceI can be to yts, I'm
some Of the spalpeens thatll be tcstlfyin against
They're Ss like % myself S1 Mr. BrookS S ins
They left their country and came to the States
sushed permission, ST. Iii be takiG Nf me eIsa seat
from day to day during the trial with the
learned counsel Tor the prisoner.
The trial proceeded and Fellows was making
out strong case against my client The day
before the prosecution rested Its we learned
that their case would close with the testimony
est character as far, as they were known here.
tion. would have given something handsome
| myself II those witnesses had been safely
s tSd in my Irish bog the %S
when the court took n recess at noon.
tfatimony tf feared tnlt him IJa iIn1 nd
remarked that he might be Of some use in the
case after all. He didn't come into the court
when court adjourned for the day found him
out In the corridor, waiting for me When
asked him where he had been he answered.:
"Oh, l Just thought I'd take a bit OF a stroll to
keep out Of the heat OF your burnin' eloqucnce,
ss about tsa
rowi Ye mind We'll, now Mr. BROOKE, H%oo "0 do1t 1!
avs at e al" at a W6e was s9s' sron aSSIi 'h2is 1bs
afternoon was thinkin'. and after awhile l was
fellows ye mentioned Ye were sayin' ye wished
they were back in Ireland. Sure, SO does the
In public institutions were they on Irish soil.
Mr.. Brooke. ye are probably familiar with
the fact that there Is nothin in which Irish
man, who has left his country somewhat hastily,
takes so peculiar an interest as in a legal-lookin'
to which may be attached the great seal Of
England in me trunk. Now. il ye wouldn't be
arc ct home tonight in the bosom Of your fam.
lily, III prepare a lot Of twaddle that won't have
brought into court tho morrow and exposed be-
fore the eyes Of at least two OF those witness
snd E hef Sa5s 5
night. The next morning he appeared in court
NTH iSd rS urder S his ar done up IN parchmen
In blue ribbons, and II bore the great seal OF
England. don't know whether the seal was in
its legal place not but ii was where everyb body
who sat near my Irish friend could see II.
After the opening of court the first witness
As soon as he got well into his testimony my
Irish associate came over TO mo and unroled his
seal OF England; Then, n most exquisite panto:
ihs6 and .ben M first at of
Mortified expression when the testimony APP
peared to differ from the record OF the roll
on all that roll OF paper. There must have been
thirty or forty pages, every one blank. But you
of that pan .omine and the sight OF the great
seal seal Of EnEland He grey white in the face, he
and ney zed n on 1 the
When he left the stand Fellows was disgusted
The next witness was called and the next and
my associate went through the same per-
formance, with the same effect.
The people rested and we put in our test.
mony. summed up as well as knew how and
Fellows made n mastery argument. The case
went to the jury, and the best we hoped for was
gull ty' was returned l was surprised. When
we had got out of the court room turned to the
young Irishman and asked what he thought of
tho verdict. Without smile he answered:
Be the powers 1t was the subimest triumph
Of fraud and perjury ever knew"
"What was that fellows name !" asked two
or three about tho table.
.."Ah That must keep to myself" answered
Mr.. Brooke "He married an American girl
and settled down to the practice of law in Brook
lyn. He's over there now, and he might want 10
try the same game again. some time"
STEPHEN GIZzBUNKLER.