The Savannah morning news., 1901-03-28
Polluted Blood
Breeds Disease

ing at? l said, L don't know, l am try
ing to find out She said again. Where
is it? Do you know where it is? l said,
No
with that l went up Perry street lane.
| AS 1 started up Perry street lane a man
was coming down Perry street lane; the
man was coming down; there was a gate
right there and l stepped inside there
saw the man pass and l came out and
walked up Perry street lane until 1 got to
| Montgomery, and I started across Mont
gomery street back to Liberty. There was
a man named Postum there, and he grab
| bed me, and asid, You have killed a po-
! liceman.' Soon after another man came
there from Liberty street side and they
took me and searched me.
81 said at first 1 did not shoot at Burns,
but did; denied it at first, but I shot
him. l did not have anything to do with
the shooting of the policeman. 1 did not
know that he had been shot until this man
Postum grabbed me. l did not know
that the policeman had been shot before
then"
The RebuttaI.
With the introduction of the defendants
statement his case was closed, and the
state began to introduce evidence in re-
buttal. There was comparatively little
of this evidence, Mr.. Osborne contenung
himself with showing the manner of
Brooks arrest, by the negro ''Possum"
and Sergt. Powell of the Central Rail-
way Company's force, and some other
minor facts necessary to complete the
chain of evidence that supported the
states theory of the commission of the
homicide.
Mr.. Osborne in his opening argument
to the jury, which was begun at 1:l5
O'clock spoke only very few minutes.
He said there were no disputed points of
law, the state and the defense being both
agreed that the killing was a causeless,
brutal and cowardly assassination. The
only question at issue was one of iden-
tity.
The state would contend said the So
licitor general, that the identity of Brooks
with the assassin had been established
in two ways, in either beyond reason
able doubt First by the testimony of an
eyewitness; second, by circumstantial
evidence, so clear that it complied with
the requirement of law and excluded
every other reasonable hypothesis save
that of the guilt of the accused.
The state would show that with the
testimony of the eyewitness eliminated,
The evidence was conclusive of Brooks
| guilt. The eyewitness had not been sue
| cessfully impeached or, If he had every
material statement made by him had been
| corroborated by the evidence OF other
| witnesses or the unimpeachable voice of
! circumstance.
Judge II. d. D. Twiggs made the open
ing argument for the prisoner. He began
with an apology to the jury for what he
would say, stating that his health had
been exceedingly bad, and that he was
scarcely we'll enough to be in the court
room. His statement as to the condition
| of his health was almost pitifully borne
! out by his appearance but the apology
for what he would say was rendered I'M
necessary by the ringing address that he
actually did deliver to court and jury.
He began with some allusion to the care
with which circumstanual evidence should
be weighed and considered by juries, be-
fore they were authorized to found upon
| it verdict of guilty.
Judge Twiggs said nobody could deplore
the death of Policeman Fender more than
counsel for the defense. II was a brutal
! assassination, without a redeeming fea-
ture. Certainly, the time would come
when the assassin would be brought TO
the bar of justice and required to answer
for his crime. Equally certain. however,
was the fact that Brooks was not the
man.
why" said Judge Twiggs. ''the truth
| of the matter is that there wasn't a par
ticle of evidence upon which to convict
this defendant until this miserable wretch
Patterson made his appearance. 1t was
understood by the police authorities and
others that a case against Brooks was
not made out-that no conviction could
be had with the evidence that was at
hand.
Then came Patterson of South Caro-
lima. There was a missing link in the
chain of evidence and he supplied II. 1t
was supplied by this liar of liars, this
proven thief and perjurer, whom not a
man on this jury would trust from here
to the depot with the hindquarter of a
sheep.
"IIe never saw the crime committed;
he wasn't anywhere in the neighborhood
when the shooting was done; it didn't oc-
cur as he said 1t occurred; his evidence Is
a tissue of lies from beginning to end.
No one of you. gentlemen of the jury.
could or would believe or trust him-this
miserable creature, this Shiny. perjured
wretch who has erawIed into the very
temple Of Justice to swear away the life
of a citizen. The only thing that permits
me 90 doubt his direct descent from An
! anias is the fact that Ananias was killed
| by thunderbolt from heaven, where he
stood"
Judge Twiggs' Closing Speech.
Judge Twiggs discussed the evidence at
some length. pointing out Inconsistencies
and contradictions in the testimony n
Patterson and other OF the witnesses for
the state. His argument was interrupted
by the recess for dinner and was taken
up and concluded when court again con-
vcned, for the afternoon session, at
0'clocE
Judge Twlggs, In conclusion. again
called attention 10 the duty OF the jury
10 weigh circumstantial evidence care
fully and not 70 found upon u verdict
Of guilty, unless n was Incompatible with
the innocence o. the accused.
ne alluded 20 the presence IN the court
room Of the. widow and child ~ The dead
policeman ana some Of her relatives, and
called upon the jury not 40 permit tkfli
minds to be- controlled hy any thought of
sympathy for them "Do NOT allow gogl
verdict 10 be- controlled or Influenced ~
tue prefenoc in the court room N fheae
unfortunate Victims ~ tho aasaffin'H bal.
~ ~ not permit thcir presence here q