The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-06-28
JURORS
SECURED !
Elliott Murder Case opened at POttsyille
This Morning.
STORY TOLD BY THE WIDOW
A Helpless Spectator to the Shooting
Corroborated by One Of Her Daugh-
ters-Evidenoe Of Threats Made
by Brennan Before and
After the Shooting.

Brennan was resumed this morning, at nine |
o'clock. Sheriff Toole bad his special venire
of fifty jurors ready at about eight o'clock
this morning and filed the list with the Clerk
Of the Courts. Deputy Clerk Duffy called
off the names and they all answered.
When the list was finished Mr.. Brumm. one
Of the defendants counsel, objected to the
panel because only one Of the number resides
more than four miles from Pottsyille whereas
the law says they shall be taken from the
body Of the county. He therefore protested
against the panel
Mr.. Bechtel denied the imputstion, saying
the tGkiug of the jurors included New
Castle, st. Clair, Palo Alto and the townships
and was within the meaning Of the law.
Mr.. Brumm retorted that not only the
letter, but the spirit of the law was violated
1t was too bold to escape notice.
Judge Beehtel overruled the protest
A. NJ Seigman, a retired merchant Of
Pottsville, was the FIRST juror called. He had
decided opinion and was challenged for
cause.
William W. Davis, an aged resident of
Newcastle township, was stood aside by the
Commonwealth Ar. Brumm objected, say
ing that the prosecution had no right to
stand aside any more jurymen. Mr.. Bechtel
cited cases in support of his position and
Judge Bechtel overruled the objection.
! T. J. Evans, law student of Cass town
ship, was stood aside by the Commonwealth
TWELFTH JUROR SECURED.
Preston C. Thomas, painter of Potts
vile. said he had an opinion, but he could. il
placed on the jury, render verdict accord
ing to the evidence and the requirements of
the oath
The Commonwealth said Swear" After
Counsel for the defence had questioned the
juror at some length he was accepted and
sworn as the twelfth juror.
THE JURORS.
NJ. A. Porter, druggist. Tamaqua; Otto
Schneider. miner, Porter township; Philip
Bettinger miner, MiDersville; Luke Roberts
iaborer, Mahanoy City; Darby Burns. lab
orer, Mahanoy City Harry NJ Foulk, hotel
keeper, Pottsvillei Timothy Flynn, farmer,
Rush township; Charles Reith, moulder,
Pottsville; Lewis Reed laborer, Foster
township; Patrick Fanley, miner. Mahanoy
township; Michael Douahue, bartender,
Minersvlle Preston G. Thomas painter,
Pottsville.
general feeling of relief was expressed
at the outcome. The other 40 jurors were
then discharged by the court.
THE CASE OPENED.
Assistant District Attorney N. P. Nc
Laughlin made the opening speech for the
Commonwealth, beginning at 9:32 and end
ing at 9;4s. He quoted the law on the sub
ject of murder and told the story of the
crime in a brief and quiet, but eloquent
manner.
The District Attorney said he desired to
call Constable William Walters, the prosecu-
tor in the case, but the train had evidently
not arrived. The court ordered that another
witness be called.
ELMER S. BECHTEL,
civil engineer of Pottsville, identified maps
and drawings of the scene of the murder.
Photographs of the house we're also identified
and submitted to the jury. In answer to
Mr.. Brumm the witness said he was brother
of the prosecuting attorney.
DIR. c. W. BANKS,
of Middleport, was sworn He is a practic-
ing physician and Deputy Coroner. He was
called to attend Henry Elliott at New Phila-
delphia at about GAS on the fatal evening.
He found him suffering frsm a gun shot
wound in the head. The doctor described
the post-mOrtem made by him and DR..
Robert Gray, of Port Carbon, the following
day, June Srd, and the finding OF
the bullet between the second and third
convolutiOn of the brain, near the top and
forward part of the head. The bullet had
entered above and in front of the right ear,
making an opening ! by II inches. 1t took a
slightly upward and forward course, striking
the right eye bone and optic nerve, and the
ethmoid bone, causing hemorrhages of the
nostrils and mouth.
raouaat tho doefor nrnducad tha ho1I
a 3s calibre, and also a small fragment OF
cartridge found near the ball.
, Q. What caused the death Of Henry
Elliott2
A. Hemorrhage and prostration, the re.
suit of shock, and the wound.
The doctor then produced the revolver, a
|, ive-barrel Smith & Wesson, and Judge
Bechtel ordered it secured to prevent possible
accident.
On oross-examinatiOn Mr.. Brumm wanted
to question the witness as to the defendant
character, saying he was ready to submit the
question at once. Mr.. Bechtel objected and
the offer was withdrawn.
THE WIDOWS STORY.
Mrs. Henry Elliott, the widow Of the de
ceased, was called to the stand. The biz
/ assemblage held its breath expeetantly suC
|
Mrs. Elliott was in deep mourning
Her evidence was given in a low but dstinc
tone of voice. After the usual questions o
identity the District Attorney asked
Q. When did your husband die?
A. About two o'clock in the morning fol
lowing the evening he was shot.
Q. Do you recollect the evening of the 2nt
of June2
! A. Yes, sir.
? Q. Go on and tell what you saw2
. A. l was coming around the yard to tn
+ front gate and turned back to my husband
he was washing in the back kitchen. Bren
q nan came into tke kitchen. Our 18-montl
old baby and myself and Harry were there
Harry was near a tub in the center of tn
room and the little girl was standing nea
with her hand on my husbands back, hell
ing to wash him. Brennan said
Harry, what did you dock me two shift
) forP'
Harry answered II amt the timekeepel
l didn't dock yop, l will see the boss Il
}, morrow. What benefit would it be 10 me ?
Brennan said What benefit is it to you ?
He then shot and my husband fell to IL
d left, on the floor.
Q. Was he cOnscious2