The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-07-01
BRENNAN
IS GUILTY. |
The Jury Deliberated Two Hours over
His Pate This Morning.
MURDER IN THE FIRST DEGREE
Judge Bechtel Delivered His Charge This
Morning, Concluding About Half
Past Ten, and the Jury Rem
dered Their Verdict at
one O'Clock.

Pottsville, July lat los O'Clock this
afternoon the jury in the case of Thomas
Brennan, charged with the murder Of Henry
Elliott, at New Philadelphia on June end,
last returned to the court room and rend-
cred a verdict of guilty Of murder in the
first degree"
Court re-opened promptly at nine O'Clock
this morning and Judge Bechtel began his
charge to the jury at once. After informing
them that one of four yerdicts could be found,
namely: Guilty of murder in the Fl rst degree,
the second degree, voluntary manslsughter
and not guilty. he continued: 1--WE will now
direct your attention to the testimony, and
will endeavor to point out TO you all the
evidence Whatever ! shall say to you in
quoting this testimony you must consider as
coming from the witnesses and not from the
court; and you may apply the same rule as
what has been said by the counsel
Particular attention was paid by his Honor
to Mrs. Elliotts story of the killing, which
was recited in full, and so was that Of the
daughter, corrobOratng the mother in fact
the evidence of each witness, with some few
unimportant exceptions, we're read at length
for the jurys benefit
of the testimony ON character the court
said only that referring to the defendants
reputation before the occurrence for which he
is on trial should be considered in arriving at
verdict.
When reading the evidence Of Doyle and
Goyle as to the whiskey drank at the "Y'' by
the defendant, the court said particular care
had been exercised to take it down fully,
and to so quote it to tho jury. When the
review of the testimony was concluded the
jury was again warned to correct any mis-
takes that may have been made in the read
ing, and to do justice between the Common
wealth and the prisoner.
The defendant is always presumed inno-
cent by the law and is always presumed sane
when he claims to be innocent The burden
Of proof of that is on the defendant. Malice
was defined, and also the various degrees of
killing. If intention exists it is killing in
| the first degree; if time is taken to select a
weapon premeditation is Inferred The bur
den of proof is on the Commonwealth. but
may be inferred from the circumstances. He
who takes n deadly weapon anG, with suffi-
| cient time TO deliberate, and without provo
cation kills, is guilty of murder in the first
degree. In the absence of an intention to
kill it is murder in the second degree. Vol
untary manslaughter is never ac-
companied with malice, or depravity
of heart, and recklessness of con
sequences. There must be a sufficient
state of rage and enough time to cool to con-
stitute manslsughter. If reason has had
time to sway. the killing is murder. The de-
fendant however, must prove conclusively
that he was in an irresponsible condition.
We will now direct your attention to the sub
ject of intOxication. If a man makes
himself voluntarily drunk he must
take the consequences of his act.
In this state the difference between the first
and second degree is absence of specific in
tent to kill. Evidence of drunkenness is
very important. II the jury finds the de-
fendant was intoxicated at the time Of the
commission Of this deed you must bring in a
verdict of guilty in the second degree. The
question of q reasonable dosbt will now be
treated. If doubt is fairly derived from
the evidence it is reasonable one. If such
a reasonable doubt exists as to first degree OF
second degree, you must acquit him of such
degree. If no such doubt exists it is your
duty to convict the prisoner of such degree
as you consider him guilty of and so say in
your verdict the grade of crime.
Here the nine points on which counsel fol-
the defense had asked the court to charge the
jury were taken up in detail and read the
Judge speaking on each after the reading.
His Honor after dismissing the subject Of
points, stated, in part, I'VE leave it to you to
do your duty and discharge it according to
your obligation to the defendant and the
Commonwealth and God. and fearlessly alike
of the consequences to either side.
Judge Bechtel concluded his charge at 1885
o'clock and the defendant was taken back tc
prison to await the verdict. The general
opinion WAS that the charge was mOst i'm.
partial.
1t was 1890 o'clock when Chief Tipstah
Weber reported the jury ready and messen-
ger WAS sent for Judge Bechtel, who had
gone to dinner, and by LOS o'clock every.
thing was ready, and the prisoner was
brought in by Sheriff Toole and Deputy
\ 0pie. Judge Bechtel took his place on the
| bench and Court Crier Graeber opened the
court, Two minutes later the jury filed in
and Foreman Reith handed over the revolver
photographs, maps. etc. to the Clerk of the
Courts.
Deputy Clerk Duffy called the roll and
asked if the jury had agreed upon a verdict
The foreman handed him q written report
and it was presented to the Judge, who read
as follows:
Guilty Of murder in the first degree"
Mr.. Brumm moved that the jury be pollsd
and each answered guilty" They wer,
then discharged with the thanks Of the court
and looked much relieved. The prisoner wa
remanded TO jail
Mr.. Dyson moved for an arrest of judg
ment and new tial, the reasons to be ileC
after the testimony Is written out.
Judge Bechtel fixed the only summe
session, Monday, July gath, for hearing tn,
argument and said that would give tn,
lawyers sufficient time TO prepare and that h,
could consider his decision until the opening
Of the September term Of court
When the verdict was announced Brennan
the prisoner, did not move muscle, but b.
had tilted back in his chair and grew q shad
OF two more pale, HIS counsel were gatheIel