The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-06-29

after six O'Clock, and the defendant smolled
Of drink. He is a man who could carry
pretty good jag without showing it.
Cross-examined His appearance did not
show him 10 he drunk. lie was coming from
work at the time / saw him.
Thomas Slattery had only looked at
Brennan for moment or 80. as he passed.
He was excited. Slattory smelled the odor
Of drink from him aud be had a sort Of wild
stare in his eyes.
Cross-examined Brennan had not been
paying attention to my sister, and he is not
related to me. As 1 passed him ON my way
to the Elliott home | hesitated a moment, or
so.
John Norris had smelled liquor from
Brennan. and he was staggering. lie had
wild stare in his eyes.
Matthew Fogarty said the defendant had
made no effort TO get away. He had lots Of
drink in him
To the District Attorney ~ know that
he had drank, Of my own knowledge He
talked with me nationally but had wild
look in his eyes.
Q You have been a companion Of his; you
went together, didn't your
A. Yes, for over year.
To Mr.. Brumm: II have always been
friendly with the Elliott family"
THE DEFENsE CoNsULrs.
Messrs. Brumm, Dyson and Flanagan,
counsel for the defense, by permission Of the
court, retired for ten minutes to hold con-
sultation
Mrs Elliott and her baby, the little one
that was playfully washing the fathers back
when he was shot, were in court. The
mother sat at the Commonwealth table aud
the little one attracted much attention while
playing about. Arthur Elliott Of Pottsville,
and Andrew Elliott, of Shenandoah. brothers
Of the deceased, have been in attendance at
the District Attorneys elbow since Monday.
Brennan's mother, brother and sister sit
near him constantly. The prisoners ap-
peannce grows more haggard daily. He ap-
pears to feel his position keenly.
THE DEFENSE OPENS.
1t was 1920 o'clock when counsel for the
defense returned. Mr.. Brumm opened with
We ask here what the Commonwealth de-
sires ?"
Attorney Bechtel 1--WE certainly ask for
murder in the first degree"
Mr.. Brumm at once began a most impress
sive and eloquent address. 1t was hard, he
said, to get at the truth when opposed by an
antagonistic force that seeks to suppress It
is an extraordinary case. The condition Of
the prisoners mind and the various ciroum-
stances make it so. We are called upon to
perform solemn duty. 1t was the purpose
to secure, not only an honest jury, but an
intelligent one, in view of the responsibilities
that rest upon them Some of the newspapers,
and some reporters, who work for money and
sensation alone, are responsible to a great
extent for the premature opinions formed by
the public as to this and other cases. All
killing is not murder. Under tbe law malice
is not presumed, unless the killing is unlaw-
full, our learned opponent to the contrary
Notwithstanding. There is such thing as
manslaughter. Nothing has been shown to
indicate that Brennan laid in wait All YOU
have to learn is if this murder was willful !;
next, deliberate; and third, premeditated.
Where the mind is in such condition that the
reason is dethroned there can be no delibera-
tion, or premeditation. Both are the acts of
the brain. If it can be shown the reason was
dethroned this man is not guilty of murder
If this man was rational on other subjects
that is no reason that he was sane on this
subject
Mr., Brumm offered to read from the
opinion of Supreme Court Justice Agnew in
the case of Jones VS.. Commonwealth.
Attorney Bechtel objected, but was over
ruled.
Mr.. Brumm retorted that there was no OBJ
lection from him when the learned Assistant
District Attorney had read, in his opening
address, an opinion on paper.
The opinion cited by Mr.. Brumm was then
read. 1t related to the comparative irrespon-
sibility for person killing another under
the influence of liquor and said that. where a
gonablp don pvists IL. l.
thrown to the scale that forbids sentence of
death, and may prevent a conviction of
murder in the first degree. The appellant in
the case quoted had been in a very excitable
and irresponsible condition of mind and
Justice Agnew had decided that there was
error in sentencing him for murder in the
first degree. The case of O'Hana VS.. Com
monwealth was cited in the opinion read,
this appeal relating to deliberation and pre-
meditation.
Continuing, Mr.. Brumm said he had en-
deavOred to do his duty and, after establish.
ing the character of the prisoner would call
witnesses to draw out what the Common
wealth would not. 1T is the whole truth we
want, he said. "A man should not be sent
to eternity without all the facts and circum-
stances of the case being brought out the
condition of this mans mind when on his
way home from work they had whiskey in
their dinner pail-poison whiskey from the
dark recesses of noxious speak easies. We
tried to have Pottsville chemist analyze the
vile stuff TO see what degree of poison is in
it be could not and it was sent to Philadel-
phia, but the Professor was out of town.
Another Professor was asked to do it, but he
hadn't the time. We then prayed for time
to prepare our case, but didnt get it. All we
want is justice"
hr. Brumm closed his eloquent speech at
11:30 o'clock.
William Jones, inside foreman at Silver
Creek eolliery, was the first witness. Capt.
Dyson conducted the examination.
The witness said he knew Brennan to be
an industrious workman and had never heard
his character questioned. His reputation for
peace and good order was all right
The witness was questioned by the District
Attorney as TO whether he had ever heard of
Brennan beating Hugh Morris with a billy,
or that he had whipped Edward Farrell at a
dance in MiddlepOrt, OF that he had drawn a
revolver on James Kenna at a Silver Greek
picnic, or had threatened to shoot Kenna at
his home when the Blythe Township School
District misdemeanOr case was ON trial.
Mr.. Brumm had an exception noted as to
these questions and the witness replied that
he had never heard anything of this having
lived at Good Spring before he came to Silver
Creek.
Michael Devlin, P. & R. c. & l. Co. District
Superintendent, residing at St. Clair, said he
thought Brennan's reputation was good. He