The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-06-30

It almost lacked ray Of hope.l I don't re-
member leaving the Elliott house OF Of say
ing to Brobst and Slattery at the station II
shot him and I'll bang for it, OF 1T is my
turn now" He could not recall that he had
made any remarks to Miss Silk OF that he
had asked Constable Walters in Mr. Quail's
saloon TO read the warrant
To other questions he answered that Attor-
ney Bechtel was little too quick or he'd
known that he didn't say he met Flanagan
in the'squiie's Office, but around there some
where.
The witness was subjected to a most severe
cross-examination. the questions being shifted
rapidly 20 cover different localities.
Q. Isn't it fact you and Harry Elliott had
a fall out about politics and the docking Of
your time, that you determined to shoot him
and did shoot him, etc. etc.
These preceding questions had not been
permitted to be made without a warm pro-
test from Mr.. Brumm occasionally. He at
this point objected 20 the length Of the
question and it was read by the stenographer
The witness answered that he could not
answer five or six questions like that in one
breath. The Judge said there was no neoes-
sity Of repeating the question as the witness
had answered it,
The District Attorney at 5:37 o'clock said
he had but few more questions 10 ask and
requested the Judge to adjourn court to the
following day.
A number of the defendants lady friends
crowded about him and shook his hand be-
fore he was led to prison by Sheriff Toole.
THIS MORNINGS SESSION.
District Attorney Bechtel continued the
cross-examnstion of Thomas Brennan, the
defendant
Q Do you remember getting on the wagon
with Constable Walters?
A. No, sir.
Brennan wouldn't say he had, or had not,
said to Patrick Conner after the February
election that Elliott was "a rotten - =
and ned get even with him." He believed
the testimony he gave yesterday to be cor
rect and would stand by any admissions he
Z had then made. He recollected saving TO
! Fogarty that they, Elliott and Fogarty, had
been watching and nagging him at his work
Brennan was on the stand but ten minutes
and seemed glad to leave it,
GOOD CHARACTER.
Richard Holahan, Jr., saloon keeper Of
Middeport, knew Brennan all his life time.
, u what is his reputation for peace and
good order?
A. One Of the best
On cross examination he said he had not
near9 oi Brennan beating, or threatening,
Morris, Farrell or kenna.
! James Collier, of New Philadelphia, saw
, the defendant walking up the street Just
, before the shooting. Brennan was stagger-
ing. think Peter Daley was sitting near
, me at the time
Cross-examined l don't know how far he
was away from me- Am sure he was intoxi-
= Gated, because l never saw him staggering
. before
4 Redirect When arrested he was full. He
, wanted drink and Walters said he had
enough
Cross-examined I heard him ask Con.
stable Walters what he wanted with him, and
0 some other talk
( William Walters, recalled. / furnished
Brennan with billy and nippers, as a police
officer. F'''O~
q District Attorney You didn't furnish hin,
with revolver?
A No; we only give them billy and pain
of handouts.
James Walsh was called by the defense al
l. commonwealth witness to give after-dis.
. covered testimony.
1 q. Didn't you tell Peter Dougherty that
Brennan was so drunk and wild that you
couldn't do anything to him2
Objected to. Sustained.
q. Didn't you know he was drunk?
o A. took him to be drunk.
Q. Wasn't he unmanagable?
Q A. don't know; l didn't try to do any.
Q thing with him. He seemed to be very
!. angry and wild
Cross-examined he threw the bootjack
dbAooo Tue IoOll Oh Lno boarding house and
made threats against Elliott. This was be-
y fore the shooting; when he came from work,
The defense here rested.
REBUTTAL TESTIMONY.
The District Attorney said they had few
witnesses in rebuttal. Miss Margaret Silk
Is was the first and the Commonwealth offered
her evidence to rebut that of the defense az
TO lhtoxicaton. Mr.. Brumm objected, but
was overruled, court saying defense had
raised the question of intoxication and the
y Commonwealth had the right to robut such
g evidence.
n Q. What was Brennsn's condition wher
d you saw him on the porch Of the Elliott
, house A. He was sober.
Mr. Brumm asked her about Brennan
! conduct at the boarding house. and she per
u sisted that she believed him sober.
o q. You are school teacher and answer
@ my questions that way7 A. Yes sir.
IT z. Mr.. Elliott got you your school A. Ye
Mrs. Henry Elliott, the widow, swor,
Brennan was sober but very pale, like he Il
now. Miss Sadie Elliott said he was sober
It They were not cross-examined.
g Thomas Price had stood within hfteeI
70 yards Of Brennan and he said he lookeC
= sober.
Miss Name Collier passed the defendant OIL
- - the street and she thinks he was sober. Sh
u did not measure the distance
David Jones, loader boss and time-keepe
10 - ~ % NASoA Colll6Iyi saw brennan rlgl
X after the shooting and, to the best of hi
g. knowledge he was sober.
James McGovern, the party threatened b,
Brennan, was called TO the stand. In hi
= opinion Brennan was as sober as ever he saw
ID him.
l. Cross examined:
ID Q. You belong to this secret society tina
Elliott belonged to A. Which one do yo
IA mean?
Ia Q. Do you belong to two?
A. Yes, belong to the Temperance Soeiet
and the A. o. II.
ID Q. Do you mean to say tho Temperanc
Oh Society is secret sOeiety2 A. Well, it is i
a way.
Is Here the Commonwealth closed at 1913
10 o'clock.
Counsel for the defense speut some tim
.v considering law points for submission to tn
y court. Nine of these were read by MI
~ Dyson. Then Judge Bechtel ordered tn
AZ District Attorney to proceed with tn
speeches.
ut Mr.. Brumm asked the Commonwealth
rn what verdict they desired and the DistriC
~ Attorney replied "A verdict in the fr.
~ degree. decline to say more.n
W The court refused 20 direct more specii
AV answer and Mr.. Brumm began his speech a
~ 1880 o'clock, it having been agreed not
ot limit the time to be taken by either side.
Mr. Brumm made an eloquent address an
.lf said, in part, that if this deed was impeile
"A by some secret Oath-bOund organization
anarchistic or otherwise, then it would, II
deed, have been a horrible crime. II by an
tagontsm to social conditions. il would |