The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-06-29
TRIAL OF
BRENNAN !
The Commonwealth Rested It's Case Late
Yesterday Afternoon.
AN OUTLINE OF THE DEFENSE
Mr.. Brumm Gives IL in his opening to the
Jury and Alse In Making An offer.
Several witnesses Gave the De-
feudant a Good Reputation.

.Pottsville, June 29-The trial Of Thomas
Brennan for the murder Of Henry Elliott, at
New Philadelphia, is attracting widespread
interest throughout the county aud there is
large sssembage Of spectators at each session
of the trial. No little surprise was expressed
when the Commonwealth rested yesterday
afternoon. 1t was almost generally believed
that that point Of the trial would not be
reached until to-day. Great interest is
manifested in the work of the defence and
the development Of that part of the case will
be closely watched.
Nine witnesses were called in rapid sue
| cession after the close Of the HERALD's
report Of yesterday and the main points
developed are given below.
DOING HIM EVIL.
William Jones, inside foreman at Silver
Creek colliery, was sworn. He said that
Elliott was fire boss and Brennan loader boss
at the colliery. They worked two months
together and were separated because they
did not agree. He met Brennan ON June 2d
at 40 o'clock. 1t was pay day. Brennan
said his time was not right. Elliott worked
until six o'clock. Elliott had reported that
Brennan was absent 23 days 1t was his duty
to do so.
Matthew Fogarty said he had asked Bren-
nan to 20 to the 'Squires Office and he had
replied that he would be there when needed.
Brennan said Elliott and McGovern were do
ing him all the evil they could. They we're
unfriendly for year.
John COyle, who worked with Brennan.
said the latter told him he was short "a in
his pay. Brennan said Elliott was playing
him dirty tricks He walked toward home
with Brennan that night and left him about
$50 o'clock
At this point the revolver and bullet were
admitted in evidence.
Thomas Slattery, the station agent, testi-
fed that Brennan said to him II had my
turn" He said the papers misconstrued his
remarks at the coroner inquest. The District
Attorney said that was of no consequence al
though some people made up their opinions
from what the papers said.
There has been considerable reference to
the newspaper reports of the inquest. The
newspaper reports published the day
after the inquest, June o, gives Slattery's
report of what Brennan said, the same as the
testimony given by him yesterday.
Thomas Price testified that he lives so
yards from Elliott's house. He saw Bren-
nan after the shooting. Brennan said II
| killed MIN and don't deny it,"
William Whalen saw Brennan speak to
Slattery, but did not catch the words.
Miss Silk WAS recalled aud said Brennan
remarked when he came out of Elliott's
house; They're no more hurt than am. ="
James Haggerty, Mrs. Thomas Dooley and
John Morris testified that Brennan told them
he had shot Elliott.
THE COMMONWEALTH RESTED.
Patrick Conner was recalled and said he
knew Brennan had a revolver, but never saw
it on his person.
The Commonwealth rested here.
Mrs. Conner was recalled by Mr.. Brumm
who asked if she didn't ask God to guide
Brennan because he was angry and drunk
District Attorney Bechtel objected. Mr.
Brumm stated that it was the District At
torney's duty to make everything plain and
find out the condition of the defendant from
beginning to end. Judge Bechtel said that
the question was all right and would make
no material difference whether asked now or
later
She answered that he was more angry than
she had ever seen him but she could not say
that he was drunk.
James Welsh saw Brennan before the shoot
ing and he was under the influence of LIQUOR
and threw a boojack across the room and
seemed to be in a rage. He seemed, how
ever, to know what he was doing. When
examined by District Attorney Bechtel he
said he couldn't swear that Brennan was
drunk.
To-DAY's PROCEEDINGS.
Court reeonvened at o'clock this morn
ing. After five law students, who recently
passed the examination, had been sworn,
court ordered the defence to proceed.
Attorney Brumm stated that one of the
important witnesses at the Coroner's inquest
had not been called by the prosecution.
Edward Flanagan had had an important
conversation with Brennan and he wanted
an opportunity to crOss-examine him.
Attorney Bechtel said the Commonwealth
had called all the witnesses they intended to
call at this time.
Judge Bechtel remarked that the Common
wealth had closed their case, and it was not
in order for him to compel them TO reopen it,
Mr.. Brumm don't understand that they
have closed. We have not opened our case
yet and, therefore, the Commonwealth could
not have closed their case
The Court: I'VE shall not order any wit
nesses called"
Mr.. Brumm; Give me an exception
Wen go on, but we are hurried"
The Court I'VE have given you all the
time you desired"
Mr.. Brumm mo you haven't"
The Court 1--WE adjourned last evening at
your request"
Mr.. Brumm eyes, few minutes before
the regular time"
John Norris, Thomas Slattery and other
witnesses were recalled, but the train from
New Philadelphia not having arrived they,
OF course, could not respond.
SQUIRE A. ]. WHALEN,
Was put on the stand. He saw Brennan
first on the fatal evening about five minutes