The Savannah morning news., 1901-03-28
BROOKS MUST Die
VERDICT IN MURDER CASE GUILTY
WITHOUT RECOMMENDATION.
PRISONER WEPT IN COURT.
TERROR THAT POSSESSED HIM Al
WAYS, CRUSHED HIM AT END.

Second Day of Trial Scarcely Less
Sensational Than First-FilIed
with Spicy Incidents and Unex-
pected Happ Pat
terson Skipped the City and CouId
Not BE Found-COunseI for Defend
ant Tore His Character and Repu-
-tation to Shreds-Argument of So
IfcitOr General a Mastery Presen-
tatiOn of states Case.
AT 9:15 O'Clock last night, the jury that
tried the case of henry Brooks, charged
with the murder of Policeman Harry B.
Fender, returned an unqualified verdict
of guilty, without any recommendation to
the mercy of the court Brooks will be
sentenced, when court convenes this
morning, to the death penalty on the gal
lows.
The second day OF the trial, in the mat
ter of incident, was scarcely less sensa-
sional than the first, while 1t was fraught
with consequences a hundred fold more
direful. 1t witnessed some humorous bits
Of by-play and heard some funny dia-
lcgue, between counsel and witness; 1t
produced scathing denunciations of Mar
tin Patterson, possibly the leading wit
ness for the state, whose personal char
acter and antecedents were torn to tat
tiers by the sarcastic, scornful sentences
of Judge Twiggs and Mr. Oliver; it
brought magnificent personal triumph
to the solicitor general, who, from the
shreds of Patterson's tattered reputation
and discredited evidence and the circum-
stances of the homicide, wove a web in
whose enfolding meshes Brooks was
caught and held.
Before 10 o'clock the court room was
crowded with spectators, every available
foot of space on the floor and in the gal
lery being occupied. Not until after the
arguments had been concluded and the
charge of the court delivered. was there
any perceptible decrease in the attend
ance.
The Defense's side.
When court was convened and
the case Of Brooks was called
the introduction of evidence on the part
of the defendant was at once begun. Sew
eral witnesses were introduced, either to
show the previous good character Of the
accused or that his condition on the night
Of the homicide was not that of a drunk
en- man.
Clerk Haym of the police force testified
that short time before Fender was kill
ed, he had applied for leave of absence
because of injuries he had received from
some unknown assailant. and had been
granted the furlough he asked on the
ground mentioned. The evidence of sumo
of the other witnesses showed that
Brooks had only few drinks before he
left the Brunswick bar.
Sebastian ANA, a white man living in
the house Of Mrs. Cone ,one of the wit
nesses for the state, was then placed on
the stand by the defendant The witness
was sleeping in the room at the southeast
corner of the second story of the house
on the night of the homicide of the police
man. He was awakened by the sound of
the shots, but did not rise from his bed
The sound of a pistol fired is not I'M
usual in that neighborhood, the witness
explained, and he had ascribed the firing
OF the disorderly negroes who make their
homes in Perry lane. After the shots
were fired he heard footsteps, apparently
retreating down Jefferson street, going
IN the direction of the lane. Some min
utes elapsed and then there came to his
ears the sound of a woman crying. 1t
seemed to him that the woman was
~ he
ert yand Jefferson streets.
Then he heard the cound of a police
mans whistle. arose from his bed. came
TO the window and looked out. He saw
the body of a man lying on jefferson
street, in front of Co. Russells residence
Soon afterwards he saw some men reach
the PROSTATE form lying in the street
and saw these men pick up the wounded
man and carry or support him while he
walked away.
Heard Fender Fall.
Mordecai sheftan testified that he was
awake, sitting up with a sick relative, on
the morning when the homicide was
committed. He was at the residence of
Col Russell. The shooting occurred some
time between and o'clock in the morn
ing. Three shots were fired in rapid and
regular succession. Two or three minutes
later he heard the fall of a heavy body
in front OF the house in which he was,
and as soon as he could reach the front
of The house, after he heard this latter
sound, he locked out of the window. By
this time 'Tatrolman Brown had arrived
on the scene and was assisting the
wounded officer to rise to his feet.
An important witness for the defend
ant was Marion Lucas, a member of the
local staff of the Morning News. Mr..
Lucas obtained from the witness Patter-
son the exclusive account of his story of
the homicide that was printed in the
Morning News at the time it was made
He sald he distinctly remembered that
Patterson told him, at the time OF the
interview that he had come from the d.
rection of Oglethorpe avenue when Re
saw Brooks shoot Fender. On the stand
Patterson had testified he had come from
the direction of Liberty street and the
southern section OF the city.
At this point Judge Twiggs proffered
1n evidence a certified copy OF the war
rant, bond and indictment in the case OF
the state of South Carolina, against Mar
tin II. Patterson, charging him with the
offense of robbery. The particulars OF
this crime and OF the part Patterson is
alleged to have played in its commission,
the giving of the bond and his escape
and continued absence from the state
since 1887 when the indictment against