The Savannah morning news. (Savannah, Ga.) 1900-current, 1901-03-27
BROOKS TRIAL BEGUN
PRISONER DENIES HE SHOT PA
TRoLMAN FENDER.
WITNESSES AGAINST HIM
WILL MAKE HIS STATEMENT IN
COURT TODAY.

|
TriaI-The story of the PoIiceman's
Murder as Told by the states Wit
nesses-But One Witness for
Brooks SwOrn-His Side of the Case
to he Presented To-day-BrOoks
Also Denies He shot the Negro
Barber Burns.
| The trial of Henry Brooks. a mulatto
waiter, charged with the murder of Po-
liceman Harry B. Fender, on the morn
ing of Feb. It, in Perry lane and Jefferson
street, was begun in the Superior Court
yesterday morning.
Every available spot in the court room
was occupied, and the gallery was a sea
OF dusky faces. The main floor was occu-
pied by members of the bar and friends Of
the dead officer. In the gallery the friends
of the negro prisoner gathered and watch
ed with interest the trial as it progressed.
The colored spectators were those who
travel in the BLACK Four Hundred"
and they were dressed as If the affair had
been festival of some sort.
Brooks sat at the right of Attorney
Oliver. and was neatly attired. He has
rest but to a close observer it could be
seen that he was very nervous. His
hands trem5led and he had an anxious
look on his dusky face. If any of his
relatives were in the court room they
were not near the prisoner, and ne was
alone but for the presence of his attor-
neys, Judge Twiggs and Mr.. oliver.
Col{rf+or Gaparal Osborne aDnea red for
the state. BY his side. during the morn
ing and a portion of the afternoon. sat
Mr.. George c. Schwarz, the dead patrol
mans brother-in-law. Tenders widow
and children were not in the court room.
There was no delay in securing, jury.
/ The prisoner struck seventeen names, the
state three and three went off for cause.
1t has been a long time since so few
jurors have gone off for cause in muir
| der trial.
The following jury finally was sworn:
Charles c. Purse. T. G. Reid, Herman c.
shuptrine, Edgar P. Terry, Edmond w.
Brown, Harry N. Walker. Samuel l..
| Outten, Ralph l.. Michaels, Charles ].
! Eaton, Walter NJ. McCler, A. J. Fulton,
and Robert A Grady.
To the indictment read by the Solicitor
| General, Brooks pleaded not guilty, and
added that he wished to be tried by God
and his country. The prosecuting attor-
rey read the law of murder and stated
the states position. He said that he ex-
poets to show that the officer was about
to arrest a negro desperate who had al
ready shot and tried to kill one man.
and that in this effort to protect the lives
and property of citizens he was shot
down and MORALLY wounded by Brooks.
Under such circumstances the Drosecut-
Ing attorney said that the state would
expect verdict of murder.
The first witness on the stand was Cor
oner j. G. Keller, who told of the wound
that had caused Tenders death. He had
| held an inquest over the dead body of
| the patrolman. DIR. Keller was not on
| the stand long and the cross-examination
was conducted by Judge Twiggs.
witness Ford's story.
Peter Ford Of No. 1114 Burroughs street
was the next witness for the state The
witness was on West Broad street on the
morning of the shooting He saw wo-
man and two men and his attention was
attracted by the manner in which the
woman acted. There was another man in
front Of the trio. The witness heard some
| talk in which the man in front and the
one with the woman had some words
| Ford saw Brooks pull a revolver and
| shoot the man in front, who was Walter
| Burns. The witness was sure that Brooks
wore high hat and light overcoat
Ford saw Brooks run down West Broad
street and turn into Liberty with Burns
| behind him. The witness heard two
shots fired a minute after Brooks had
| gone down Liberty street. The woman
and her other escort went down Perry
street lane and the witness followed a
moment after he heard the second shots.
When he reached Jefferson street he saw
| several persons around the wounded pa
| trolman
Walter Burns, a negro barber. who was
| shot by Brooks on West Broad street a
few minutes before the officer was wound
| ed. was the next witness put on the stand
| by the state.
Burns lives at No. 347 West Broad street
| and had been to the dance at Jones bar.
| at Margaret and West Broad streets .
| Brooks was at the dance, he said, and
| wore a high silk hat and a light over
| coat. Brooks, a woman and a boy left
the dance and went south on West Broad
street. Burns followed minute later
| and saw Burns "fussing" with the wo-
man. The woman asked the witness not
to let Brooks hurt her. and Burns asked
Brooks what he meant by his conduct
| Brooks used some profanity, and with
a final oath, drew his revolver from his
|
wounded, but made an effort 10 follow
Brooks for the purpose of having him
| arrested
Heard the Shots.
Burns lost sight OF Brooks at Perry lane
| and had gone in the lane, only about 25
| yards, when he heard two shots fired
He continued down the lane to Jefferson
street and found the wounded police Off
Ger. Another officer had just arrived.
and when negro said that Burns should
| be arrested, that Individual showed that
he too had been badly wounded. Before
the coroner's jury Burns said that Fen
der had said TO him. the man who shot
| you shot me-"
Martin II. Patterson. the only person
found by the state who claims to have
witnessed the tragedy, Identified Brooks
as che man who killed Patrolman Fender.
| Patterson saw Brooks and the officer
talking on Liberty and Jefferson streets
| The negro wore a high silk hat and a
| light overcoat. The officer told him that
he would have to arrest him The negro
| had a pistol In his hand and told the pa
trolman that he had better not. The pa
trolman started for the negro who raised
his gun and fired two shots. The witness
saw Brooks pull the trigger when the sec
ond shot was fired. A tall negro came
up and Brooks turned the revolver over
to him, saying that he did not wish to