The Savannah morning news., 1901-03-28

poison your minds against an innocent
man"
At the conclusion of his argument Judge
Twiggs left the court room, leaving the
conduct of the remainder of the case to
his partner and colleague, Mr.. F. NJ.
Oliver. Mr.. oliver made the concluding
and principal argument for the defend
ant.
Mr.. divers speech was a strong one.
Like Judge Twiggs he devoted much of
his time to denunciation of Patterson,
whose evidence it was, of course, essen
tial should be torn down, If a verdict of
not guilty was to be even hoped for from
the jury. He commented forcibly on the
fact that the good character of the de-
PENDANT had been put in evidence and
shown by the testimony of reputable wit
nesses. He contended that nothing in
Brooks life permitted the inference that
he was the desperate he had been paint
ed, who would waylay an officer of the
law, against whom he had no grudge,
and shoot him down in cold blood
Counsel contended that every action of
the defendant on the night of the homi-
eide was opposed to the imputation OF
guilt. He declared that the statement of
the defendant bore the imprint of truth,
and that the jury should, as it was au-
erence to the sworn testimony of wit
nesses-especially when the witness whose
testimony it contradicted was the dis
credited and perjured Patterson.
No collection of extracts or partial
statement can do justice to the closing
argument of the solicitor general. BY
the members of the bar assembled in the
court room, it was pronounced the finest
argument made in a criminal case in Sa-
vannah in many years, and it was worthy
of all the praise bestowed upon it.
The solicitor began by saying he would
discuss the case on the assumption that
Patterson was discredited witness, who
had been successfully impeached, and
would ask the jury to believe nothing Of
what Patterson said unless he showed 1t
to be corroborated by the uncontradicted
evidence of other witnesses.
Well, he made the showing he promised
to the satisfaction of the jury. When he
began Pattersons evidence was not worth
a pinch of salt in the estimation of any
thinking mind in the court room; when
he concluded everybody who held to the
conviction that Patterson did not tell the
truth believed also that on this occasion
he had had a flash of inspiration, and
that the lie he told was the true story Of
the commission of the homicide. If it was
mastery one, as MIR. Osborne proved.
AS the solicitor general approached the
climax of his argument the eyes of the
defendant, diIated and strained with alb
ject terror were fixed ceaselessly upon
him. Brooks looked at no one else. With
staring eyes he regarded and followed
every movement of the solicitor general;
his hands trembled as though he had
been stricken with a palsy and his lips
moved convulsively. as though he were
silently begging for mercy. He was a
pitiful, almost a disgusting object.
A few minutes before 8 o'clock Mr.. Os-
borne concluded and Judge Falligant de-
livered his charge to the jury. 1t was the
| charge usually delivered by the
court in murder cases, va
ried by special instructions on
the subjects of impeachment and cir
cumstantial evidence. At SIS o'clock the
| jury retired.
1t was out an hour, before it was an
nounced that an agreement had been
reached. Judge Falligant and counsel
were quickly notified and soon reached
| the court room. Before the jury had
been brought down. Mr.. Oliver notified
the court that if the verdict should be
guilty. without recommendation, he wish
ed have the jury polled.
When the prisoner was brought into
the court room to hear the reading Of
! the verdict he was, for the first time
during the trial, accompanied by his
mother an old and apparently respecta-
! BILE negro women. When the verdict was
! handed by the foreman to Clerk Carr ond
read-"We. the jury, find the defendant
| guilty." Brooks collapsed. The terror that
! had possessed him all during the trial
| and that seemed to have reached its
| greatest possible hight during the argu-
ment of the solicitor general. absolutely
overpowered him when he heard the
words that condemned him to death.
The jury was polled, and in response to
| the question, us this your verdict?" each
| juryman answered, 1T is
Brooks and his mother, clasped in each
others arms broke down and wept. Judge
! Fallgant announced that he would pass
| sentence this morning. Mr. Oliver gave
notice OF his intention to move the court
to declare a new trial Brooks still ac-
! companied by his mother was led back
10 the sheriffs office weeping and cry
| ing bitterly. This closed one OF the most
interesting and sensational murder trials
! Savannah has seen.