The times., 1899-12-22
THE EVIDENCE Reviewed
Frank Funk's Guilt or Innocence
VIII Soon Be Established.
Arguments by the Prosecution and
Defence Follow the Testimony OF
the Last Wftnesscs-Attorney Wolf
Pleads for the Prisoners Lifc-A
Night Session of the Court


Night Session of the Court.
The opening argument to the jury in the
+ defence Of Frank ". Funk, who is charged
with the murder of William H Brooks.
was made last night by his attorney, Alex
ander Wolf, during the evening session
Of the court which was held in order that
the arguments in the case may be conclud-
ed today. 1t was the first time since his
trial began, eleven days ago, that the de
fendant heard his innocence asserted by
anyone but himself. and he listened with
deep concern to the appeal of his counsel.
Mr. Wolf spoke for two hours, and had
not concluded his argument when the hour
of adjournment arrived. Mr. Wolf asked
that the court take a recess until $50
O'Clock this morning, and Justice Cole
granted the request. Mr. Baker viii begin
the closing argument today at 1890 a m.
The evidence in the case was closed yes
terday morning very soon after court con-
f Vened. One witness was called by the
defence and two or three in rebuttaI by
the Government.
DR.. z. B. Behreuds, an expert chemist
stated that he is the head Of the bacteriO-
! logical department of the Georgetown Col
/ lege and that he had made chemical an
alysis and microscopic examination of one
/ of the particles Of matter taken from the
clothes alleged 10 have been worn by Funk
on the day of the murder This he said,
he found to contain cOrpusces Of human
blood, He, however, failed TO find that the
particle contained brain or nerve tissue.
I The evidence was contrary to that given
tilted, on behalf of the Government, that
an examination of the particles in question
showed that they contained coTpuscles Of
/ human blood and evidences of brain and
/ nerve tissue. The evidence offered by the
/ Government, through two witnesses, tended
TO show that the defence had endeavored
to intiuence witnesses to perjure them
selves for the benefit of the defendant.
in connection with this line Of testimony,
John jenkins, q carpenter, stated that some
days ago he had a conversation with New
ton c. Price, one of the attorneys for the
defence. During the conversation the wit
ness said William F. Funk the father OF
the defendant was present and proposi-
ton was made TO him to go to court and
testify that he had seen the defendant and
Sophie Brown at Washington Circle on the
| afternoon that Brooks was murdered. In
the event that he did so he was guaranteed
| that he would be paid at the rate Of 81
day during the trial. Allen L. Wilson, of
Baltimore, Nd, testified TO having a con-
| yersation of the same nature with the de-
| fendant's father al Camden Station, in that
city.
On his examination on Wednesday
the defendant stated when he saw Sophie
Brown at her home on the afternoon Of
| the murder and again for a few minutes
| in Washington Circle, she wore black
| skirt and a white shirtwaist
Sophie Brown was recalled yesterday
and said that on the afternoon in Ques-
tion she Wore a pink colored skirt.
Bartholomew Diggins, the captain of the
watch at the War Department and Mrs.
Suit. who saw Mrs Brown about the hour
the murder was supposed TO have been
committed testified that on that day she
wore a pink cOlorei skirt.
Charles o. Flynn, division superin
tendent of the Capital Traction Company,
testified that on June -. 1895, there was
no accident on the line Of road and that
the cars were run on schedule time. This
evidence was 10 contradict the testimony
of Frederick Degges. who stated that it
took one of the Capital Traction Company
cars twenty-sevan minutes 20 go rom
Washington Circle TO Seventeenth Street
northwest Mr.. Flynn stated that the
schedule time between these points Is
three and three-fo minutes.
At the close of the evidence counsel on
either side submitted 10 the court petit
tioIs for instructions TO the jury. The
defence submitted fifteen propositions Of
law 10 the court for instruction Justice
Cole consented TO instruct the jury in ac-
cOTdance with the meaning of eleven Of
these propositions
The arguments TO the jury commenced
at 3 o'clock, the opening address being
made by Assistant District Attorney
Thomas C. Taylor His argument Occu-
pied about two and one-half hours. He
made a clear, forcefui statement Of the
circumstances connected with the commits
sion Of the crime. He pictured the defend
ant as shTewd, coldblooded, and calculat-
ing-a man confessedly guilty Of nearly |
every crime in the category of offences. |
He argued that the defendant had not rea-
sonably accounted for his hasty departure !
from Washington within couple OF hours |
after the murder was committed, and that !
the story of his movements during the af- |
ternoon when William Brooks was killed !
was not verified either by circumstantial or !
other evidence
Mr.. Taylor also contended that the chain |
Of ciTyumstantial evidence pointing TO the |
guilt OF the defendant was complete, and |
that all the force of the defence was unable |
TO break a single link. The effort to cast |
suspicion on Sophie Brown was ridiculous, !
the prosecutor said. If she desired to rob |
her parents of their money, he argued, she |
would not have had to resort TO murder in |
order to accomplish that purpose. There |
were plenty of opportunities of getting pos
session Of the money.
Mr. Wolf for the defence, argued that |
circumstances pointed more to the guilt Of |
Sophie Brown. the daughter OF the mur-
dered man, than to the defendant He also |
contended that had it not been that John |
T. Larosen, the first person who entered the |
Brooks house, vas seen as he went in and |
came out. he would be the prisoner on trial |
instead Of Funk. The defendant, ii was |
argued, had told the same story first, last, |
and all the time, denying any connection |
with the murder Of Brooks and the rob |
berry OF Mrs Brooks He had also ad- |
mitted, his counsel said, that he stole the |
money from Sophie Brown, and that it |
was the only crime he was guilty OF in |
connection with the Brooks affair.
1t is expected that District Attorney An |
derson viii close the argument this af-
ternoon, and after the charge by Justice |
Cole the case will be given to the jury for
consideration.
FAILURE OF A LUMBER DEALER.
william Y. Wilson, of Baltimore,